Economic measures for the reduction of the environmental impact of air transport: noise-related landing charges (FKZ 201 96 107)
Berlin, May 2004
Commissioned by the Federal Environmental Agency (Umweltbundesamt)
Prepared by
Öko-Institut e. V.: Christian Hochfeld, Berlin Henning Arps, Darmstadt Öko-Institut e.V. Andreas Hermann LL.M, Darmstadt Freiburg Office Martin Schmied, Berlin Postfach 6226 D-79038 Freiburg Tel.: +49-(0)761-452950 Assisted by Fax: +49-(0)761-475437 Sabine Otten, Berlin Berlin Office Novalisstraße 10 D-10115 Berlin German Institute for Economic Research (DIW): Tel.: (030) 280 486-80 Dr. Rainer Hopf, Berlin Fax: (030) 280 486-88
Darmstadt Office Elisabethenstraße 55-57 Translated into English by D-64283 Darmstadt Michael Gromm ([email protected]) Tel.: (06151) 8191-0 Fax: (06151) 8191-33
www.oeko.de
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Report Data Sheet 1. Report No. 2. 3.
4. Report Title Economic measures for the reduction of the environmental impact of air transport: noise- related landing charges 5. Author(s), Family Name(s), First Name(s) 8. Report Date Hochfeld, Christian; Arps, Henning; Hermann, Andreas; Schmied, Martin unter Mitarbeit: Otten, Sabine; Hopf, Rainer (for DIW) 9. Publication Date
6. Performing Organisation (Name, Address) 10. UFOPLAN-Ref. No. Öko-Institut 201 96 107 Novalisstr. 10 10115 Berlin 11. No. of Pages 176 7. Funding Agency (Name, Address) 12. No. of References Federal Environmental Agency 96 (Umweltbundesamt) PO Box 330022 D-14191 Berlin 13. No. of Tables, Diagrams 41
14. No. of Figures 37
15. Supplementary Notes
16. Abstract Because of existing growth rates for air traffic and capacity extensions at many international airports, efforts to find effective instruments for the reduction of noise problems increase. Economic instruments gain increasingly in importance. This study examines, with an LTO- charging model differentiated according to aircraft-noise emissions and incentives for air transport companies for the use of less-noisy aircraft. The results of the study are based on a comprehensive status-quo analysis of European LTO-charging models; they demonstrate the need for harmonized development of this kind of instrument as an incentive, in order to be able to obtain transparency and comprehensibility. The study draws attention to a set of guidelines that must be considered in future.
17. Keywords incentives, revenue neutrality, imposition, European harmonization, EU guideline, external costs of aviation noise, airports, aviation noise, international air traffic, noise-related charges, noise control, noise-related LTO-charges, guidelines for development, airline, economic effects, legal framework, ratio, effect analysis
18. Price 19. 20.
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Contents
Contents ...... II
Abbreviations...... V
Figures...... VIII
Tables ...... XI
1 Summary ...... 1
2 Introduction...... 6 2.1 Background ...... 6 2.2 Structure and procedure...... 7 2.3 Definitions...... 8 2.3.1 "Airport charges" and operational charges ...... 8 2.3.2 Noise charges...... 10 2.3.3 Form of noise charges...... 12 2.3.4 Description and explanation of other levies...... 13
3 Legal framework of charging systems ...... 15 3.1 International law ...... 15 3.1.1 ICAO standards and recommendations...... 15 3.1.2 Summary of ICAO guidelines ...... 19 3.1.3 Bilateral air transport agreements of the Federal Republic of Germany...... 20 3.1.4 Interim conclusion...... 22 3.2 European Community legislation ...... 23 3.2.1 Proposal COM (2002) 683 final for a Directive on noise charges...... 23 3.2.2 Directive 2002/30/EC on noise-related operating restrictions...... 26 3.2.3 Regulation on market access ...... 28 3.3 German legislation...... 29 3.3.1 Requirements under civil law...... 30 3.3.2 Cartel-related requirements...... 32 3.4 Legal criteria for noise charges and possibilities of implementation ...... 32 3.4.1 Criteria ...... 32 3.4.2 Possibilities of implementation...... 34
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4 Status quo analysis of noise-related LTO charging systems ...... 35 4.1 Noise-related charges at German and European airports ...... 35 4.1.1 Methodical concept...... 35 4.1.2 Airports in Germany...... 41 4.1.3 European airports ...... 57 4.2 Economic importance of LTO charging systems ...... 65 4.2.1 Methodical comments...... 65 4.2.2 Airline companies ...... 66 4.2.3 Airports ...... 77 4.2.4 Reaction of customers...... 84 4.3 Interim conclusion...... 84
5 Assessment of existing LTO charging systems...... 87 5.1 Description of airports selected for detailed analysis...... 88 5.2 Analysis of the effects of existing charging systems...... 90 5.2.1 Frankfurt Airport...... 90 5.2.2 Cologne/Bonn Airport ...... 99 5.2.3 Zurich Airport ...... 103 5.3 Interim conclusion...... 108
6 Development of alternative noise-related LTO charging systems by means of scenarios ...... 110 6.1 Introduction and procedure...... 110 6.1.1 Choice of scenarios ...... 112 6.1.2 Choice of airport for model application of the scenarios...... 113 6.1.3 Structure of effect analysis ...... 114 6.2 Scenario analysis ...... 117 6.2.1 Scenario I: Draft EU Directive COM(2002) 683...... 117 6.2.2 Scenario II: External costs of aviation...... 136 6.3 Scenario analysis in the contentious area of effect and revenue neutrality ...... 152 6.4 Excursus: LTO charging systems that affect demand...... 155
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7 Guidelines for the development of a harmonized system of noise-related LTO charges...... 161
8 References ...... 169 8.1 Bibliography...... 169 8.2 EU Documents ...... 174 8.3 German legislation...... 175
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Abbreviations
Abbreviation Explanation
ACC Air Cargo Carrier ACI Airports Council International
ADV Germans Airports Association AEA Association of European Airlines APNL Approach Noise Level
ATC Air Traffic Control AzB Instructions on the calculation of noise protection zones AZNF Airport Zurich Noise Fund BADV Groundhandling Ordinance BARIG Board of Airline Representatives in Germany BGB Federal Civil Code BGH Federal Court of Justice BMU Federal Ministry for the Environment, Nature Conservation and Nuclear Safety BMVBW Federal Ministry for Transport, Building and Housing C Unit Noise Charge
Ca Unit noise charge on arrival CAA Civil Aviation Administration
Cd Unit noise charge on departure CHF Swiss Franc dB Decibel
DES data entry system for AzB DFS DFS (Deutsche Flugsicherung GmbH) German Air Traffic Control DIW German Institute for Economic Research DWD German National Meteorological Service ECAC European Civil Aviation Conference EMPA Swiss Federal Laboratories for Materials Testing and Research EPNdB Effective Perceived Noise in dB EPNL Effective Perceived Noise Level
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Abbreviation Explanation
EU European Union
FAA Federal Aviation Administration, USA FLULA Aircraft-noise computation program by EMPA
FRA Frankfurt Ordinance on the levying of charges for the use of ATC services and facilities FSAAKV on arrival and departure
FS-AuftragV Ordinance on the assignment of ATC business company FSC Full Service Carrier Ordinance on the levying of charges for the use of en-route air navigation FSStrKV services and facilities GG Basic Law (German Federal Constitution) GWB Act against Restraints on Competition
HLUG Hessian national office for environment and geology IATA International Air Transport Association ICAO International Civil Aviation Organization
Institute of Energy Economics and the Rational Use of Energy, University of IER Stuttgart
INM Integrated Noise Model
La Certificated noise level at approach
LAmax Maximum value of the measured sound level
LAS measured sound pressure level
LAX Single event sound level (with q=3 and tref=1 s)
LAZ Single event sound level (with q=4 and tref=10 s) Certificated noise level at departure (mean value of flyover and lateral L d measurement point) Day-evening-night level (A-weighted long-term average sound level as defined L DEN in ISO 1996-2)
Leq A-weighted long-term average sound level LBA Federal Office of Civil Aviation
LCC Low Cost Carrier LHR London-Heathrow LK Category of noise
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Abbreviation Explanation
Ls Certificated noise level at departure (lateral measurement) LTO-Zyklus Landing and Take-Off cycle (defined by ICAO)
Lü Certificated noise level at departure (flyover) LuftKostV Ordinance on the costs of air traffic management LuftVG Air Traffic Act of 1.8.1922 LuftVZO Air Traffic Licensing Regulations of 19.6.1964
LVL Noise regulations for aircraft MD Mc Donnell Douglas MTOM Maximum-Take-Off-Mass
NAT Number above threshold NNI Noise and Number Index PAX Passenger
Pkm Passenger Kilometre RNAV Area Navigation LTO-charge Landing and take-off charge
SEK Swedish Crowns (Krona)
Ta Noise threshold at arrival (COM (2002) 683 final) TANC Transport Aircraft Noise Classification Group
Td Noise threshold at departure (COM (2002) 683 final) TNC Terminal Navigation Charge TSU TÜV Rheinland Group safety and environment protection
UBA Umweltbundesamt - Federal Environmental Agency WI Wuppertal Institute for Climate, Environment, Energy WMO World Meteorological Organization
ZLW German Journal of Air and Space Law
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Figures
Figure 1 Air traffic charges at German airports...... 10 Figure 2 LTO charges at German airports 2002: Boeing 737-300 in German domestic services ...... 45 Figure 3 LTO charges at German airports 2002: Comparison of an A 319 and an A 320-200 with a B 737-300 in German domestic air services during the day...... 47 Figure 4 LTO charges at German airports 2002: Comparison of an A 319 and an A 320-200 with a B 737-300 in German domestic air services at night...... 48 Figure 5 Airport charges at German airports 2002: Boeing 747-200 (Chapter 3) in inter-continental services...... 50 Figure 6 LTO charges at German airports 2002: comparison of a B 747-400 and a MD 11 with a B 747-200 in inter-continental services during the day...... 51 Figure 7 LTO charges at German airports 2002: comparison of a B 747-400 and an MD 11 with a B 747-200 in inter-continental services at night...... 52 Figure 8 LTO charges at German airports 2002: comparison of a B 737-300QC and a B 757SF with a B 727 (Hushkit) in continental cargo services during the day ...... 54 Figure 9 LTO charges at German airports 2002: comparison of a B 737-300QC and a B 757SF with a B 727 (Hushkit) in continental cargo services at night ...... 55 Figure 10 Additional costs and savings from a modified choice of aircraft allowing for the LTO charges and noise mitigation charge at Frankfurt airport in the year 2002 ...... 57 Figure 11 Flight movements and passenger volume (total traffic incl. transit) at the selected airports from 1992 to 2002 ...... 89 Figure 12 Modification of noise-related LTO charges (from 1.11.2002, including noise surcharge) for landing and take-off at Frankfurt airport ...... 91 Figure 13 Allocation of LTO charges for the most common aircraft types at Frankfurt airport by MTOM, 2002 ...... 93 Figure 14 Comparison of the charges structure at Frankfurt and Düsseldorf airports for flight movements at night (2200 – 0600 hours) in 2002...... 94 Figure 15 Distribution of flight movements at Frankfurt airport over the 7 noise categories in the night-hours (2200 – 0600 hours) of the summer flight plan, 1998 to 2001 ...... 95 Figure 16 Development of LTO charges per landing and take-off at Cologne/Bonn airport during the day (0600 to 2200 hours) by MTOM in 2002...... 100
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Figure 17 LTO charges per turnaround (landing and take-off) at Cologne/Bonn Airport for selected pure cargo aircraft in 2002..... 101 Figure 18 Development of the proportional distribution of flight movements in the five noise categories at Zurich Airport in the period from 1995 to 2002...... 106 Figure 19 Schematic procedure with different noise-related LTO charging models ...... 111 Figure 20 Illustration of the determination of noise thresholds according to the proposed EU Directive COM(2002) 683...... 119 Figure 21 Noise-related LTO charges in accordance with the proposed EU Directive COM (2002) 683 with varied noise thresholds Ta and Td...... 120
Figure 22 Noise-related LTO charges with varied unit noise charges Ca and Cd...... 121 Figure 23 Determination of noise thresholds for arrival and departure at Frankfurt Airport (2002) ...... 125 Figure 24 Comparison of noise-related LTO charges in the Frankfurt and EU models (scheduled service, passage, domestic, one movement during the day, one at night) ...... 127 Figure 25 Comparison of noise-related LTO charges in the Frankfurt and EU models (scheduled service, passage, inter-continental, one movement during the day, one at night) ...... 128 Figure 26 Comparison of noise-related LTO charges in the Frankfurt and EU models (cargo, inter-continental, two movements during the day)...... 129 Figure 27 Comparison of noise-related LTO charges (cargo, inter- continental, two movements at night) ...... 129 Figure 28 Differences between the Frankfurt and EU models with respect to noise-related LTO charges (scheduled, passage, inter- continental) ...... 130 Figure 29 Comparison of noise-related LTO charges in the Frankfurt and EU models (scheduled, national passage, 40-fold spread, 2 daytime flight movements)...... 131 Figure 30 Differences between the Frankfurt and EU models with respect to noise-related LTO charges (inter-continental passage, 40-fold spread)...... 132 Figure 31 Marginal external costs of noise of different aircraft types for daytime departure depending on take-off mass ...... 143 Figure 32 Marginal external costs of noise of different aircraft types for daytime arrival depending on maximum take-off mass ...... 144 Figure 33 Influence of the take-off mass of various large aircraft on the marginal external costs of noise at take-off ...... 145 Figure 34 Comparison of noise-related LTO charges at Frankfurt Airport and the marginal external costs model (scheduled service, domestic passage, one daytime movement and one movement at night)...... 147
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Figure 35 Comparison of noise-related LTO charges at Frankfurt Airport and the marginal external costs model (scheduled service, inter-continental passage, one daytime movement and one movement at night)...... 148 Figure 36 Calculation of annual revenue from different charging systems for Frankfurt Airport (2001 and 2002) ...... 153 Figure 37 Annual revenue from various charging models for Frankfurt Airport, calculated separately for arrival and departure (2002) .... 155
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Tables
Table 1 Reference and alternative aircraft of status quo analysis...... 37 Table 2 Average aircraft load and share of transfer passengers, depending on air service ...... 39 Table 3 Survey of airports with noise-related LTO charging systems that were the subject of status quo analysis...... 40 Table 4 Summary of the structure of noise-related LTO charging systems applied at German airports in 20021) ...... 43 Table 5 Summary of noise-related take-off and landing charging systems in use at international airports in 2002...... 59 Table 6 Airline cost distribution on European routes, 1997 ...... 67 Table 7 Share of airport charges and ATC charges in the total costs of airlines on European routes, 2000...... 67 Table 8 Share of landing charges in the total operating costs of selected airlines, 2001 ...... 68 Table 9 Breakdown of operating costs of the largest US airlines, 2001 ...... 69 Table 10 Specific operating costs on European routes (600-900 km) of various airlines, 2000...... 70 Table 11 Advantages of low-cost carriers over full-service carriers ...... 71 Table 12 Percentage of total aircraft worldwide for different noise categories, 1999 ...... 72 Table 13 Costs of a long- and a short-haul flight...... 73 Table 14 Direct operating costs of a short- and medium-haul aircraft1) by flight distance...... 74 Table 15 Direct operating costs of a long-haul wide-bodied aircraft 1) by flight distance...... 75 Table 16 Development in earnings from LTO charges and passenger charges of German airports in the period from 1970 to 2001...... 78 Table 17 Breakdown of earnings at a number of important European airports, 1999...... 79 Table 18 Breakdown of earnings at the 30 largest US Airports by business activity...... 80 Table 19 Factors of competition and their importance at Frankfurt airport...... 81 Table 20 Turnaround costs1) (LTO) for three aircraft types at different European airports in the period from 1.4.1997 to 31.3.1998 ...... 82 Table 21 Assignment of selected aircraft types (Chapter 3) to noise categories at Frankfurt Airport, 2002 ...... 92 Table 22 Development of flight movements at Frankfurt Airport of selected aircraft types in the period 2000 to 2002 ...... 96 Table 23 Aircraft noise levels at Frankfurt Airport in terms of footprint size1) ..... 97
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Table 24 Aircraft noise levels1) at seven stationary measuring points around Frankfurt Airport ...... 98 Table 25 Landings at Cologne/Bonn Airport of selected cargo aircraft in the period 1997 to 2001...... 102 Table 26 Aircraft noise level at nine stationary measuring points around Cologne/Bonn Airport ...... 103 Table 27 All-day noise charges in addition to LTO charges at Zurich Airport in 2002...... 104 Table 28 Noise-related night surcharge at Zurich Airport in 2002, in Swiss francs...... 105 Table 29 Aircraft noise levels at nine permanent monitoring sites around Zurich Airport 1) ...... 107 Table 30 Comparison of charging system components at Frankfurt, Stockholm-Arlanda and in the proposed EU Directive COM(2002) 683...... 122 Table 31 Noise surcharge for Chapter 2 and 3 aircraft in the Frankfurt charging system (2002) ...... 124 Table 32 Comparison of noise thresholds at Stockholm-Arlanda and Frankfurt ...... 126 Table 33 Modulation of noise charges by time of day according to the EU calculation formula...... 133 Table 34 Valuation basis for the monetary assessment of noise at Frankfurt Airport according to Friedrich (2003)...... 139 Table 35: Marginal external costs for take-off during the day on different flight paths, 2000 ...... 140 Table 36 Mean factors for the valuation of marginal external costs at Frankfurt Airport on different departure paths ...... 141 Table 37 Marginal external costs of arrivals in 2000...... 141 Table 38 Annual revenue from noise-related LTO charges at Frankfurt Airport calculated separately for arrival and departure (2002) ..... 154 Table 39 Assumption concerning the price elasticity of private travel ...... 157 Table 40 Assumptions concerning business travel...... 158 Table 41 Pricing measures in air transport and effect according to primary markets...... 159
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1 Summary International air transport involves considerable adverse effects on the environment at both a national and an international level, which, particularly against the background of high rates of growth in the volume of air transport in recent years, has become the focus of increased public interest. While at a global level discussion centres on the significance of air transport for the climate, at a local level the focus is on problems of noise, which is now one the most important environmental problems in the Federal Republic of Germany. Particularly against this background of growing traffic volume, but also with regard to the discussed expansion of capacity at German commercial airports (inter alia Frankfurt and Berlin), increasing efforts are being directed at problems of noise mitigation, and economic instruments are becoming even more important. One promising option is the creation of economic incentives for the use of environmentally sound technologies – with less noise and lower emissions – by airlines. One such instrument is the differentiation of airport charges according to aircraft noise emissions and flight movements.
It is this point that provides the focus of the R & D project, "Economic measures for the reduction of the environmental impact of air transport: noise-related landing charges" from the Ministry of the Environment's environmental research plan, which was awarded by the Federal Environmental Agency in December 2001 to the Öko-Institut for Applied Ecology and the German Institute for Economic Research (DIW). The main objective of this project is the "development of an effective system of noise- related landing charges", since – so the thesis of the commissioning agency – "a noise- related landing charge is currently levied at German commercial airports, which offers aircraft operators, however, no perceptible incentive for the use of less-noisy aircraft."“1 Legal and political framework In order to pursue this objective, the legal framework was investigated that is important for the structure of noise charges within the framework of a German or European airport charging system. The project focused on noise-related landing and take-off (LTO) charging systems. In addition, legislation and proposed legislation at an international, European and national level were also examined. As a result of the analysis, a number of key criteria have been identified that have to be considered in the design of a LTO charging system, and these include, besides system transparency, freedom from discrimination, the principle of cost-recovery and revenue neutrality.
1 Text in italics derives from the invitation to tender, on which this study is based.
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Status Quo Analysis On this basis, within the framework of status quo analysis, noise-related LTO charging systems in use at European and German airports at the end of the year 2002 were extensively and systematically investigated with regard to • their structure (basis for assessment, rates and spread of charges, time-related differentiation of charges etc.) and • their economic incentives for the introduction of less-noisy aircraft. As far as Germany is concerned, all 17 international airports were analysed together with the regional airports at Dortmund and Hahn. Outside Germany, status quo analysis concentrated on 10 major European airports with noise-related LTO charges. Status quo analysis was supplemented by assessment of the economic significance of noise-related LTO charges for airline companies and airport operators. The comparison of LTO charging systems showed that the structure of noise-related LTO charges at Frankfurt, Hamburg and Zurich airports, as well as – to a certain extent – at Munich and Stuttgart, have purpose-related elements: • transparency of charging systems through clear differentiation of MTOM- related charges and separately-shown noise components; • orientation towards the polluter-pays principle through the separate treatment of take-off and landing, higher pricing at night as well as greater differentiation of noise categories (compared to noise certification values of the International Civil Aviation Organization, ICAO; and • consideration of the local noise-nuisance situation through, among other measures, the laying down of local noise-categories based on measurements at individual airports.
For the status quo it was basically established that the financial incentive is insufficient to bring about intended reactions on the part of airlines (operation of less-noisy aircraft, shift in the timing or place of flight movements). That the present systems of noise- related LTO charges are hardly likely to produce a control effect is also confirmed by analysis of the cost structures of airlines. Airline reactions could only be expected when the noise component of LTO charges clearly exceeds the usual status quo limits. That a noticeable increase in noise charges would be followed by the purchase and operation of less-noisy aircraft, or a shift in the timing or place of flight movements, is not foreseeable. Detailed assessment of existing LTO charging systems Within the scope of the study, and on the basis of status quo analysis, the attempt was made to investigate the effectiveness of noise-related LTO charging systems at three selected airports (Frankfurt, Cologne/Bonn and Zurich) with respect to the reduction of local noise nuisance by means of operational changes. The analyses showed that an assessment of the effectiveness of noise-related airport charges on the basis of publicly-available traffic statistics or noise measurements/computations is not possible.
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One of the reasons for this is the overlapping of the effect of landing charges and the effect of other factors and noise mitigation measures (for example, night-flight restrictions). Irrespective of the assessment of the effectiveness of the instrument, important conclusions could be drawn from the detailed analysis for the design of efficient noise-related LTO charging systems (see below). Scenario analysis Based on the sound results of status quo analysis and detailed operational and noise- side assessments at selected airports, the focus of work on the design phase was directed at examination of the circumstances under which the effectiveness of this economic instrument with respect to noise reduction could be increased by way of the accelerated operation of less-noisy aircraft. For this purpose, two scenarios were developed, whose implementation was analysed exemplarily at a reference airport (Frankfurt) with respect to changes to the existing system and their possibly modified incentive structure. One scenario was orientated towards the proposed EU Directive COM (2002) 683 final, while the other scenario was based on the marginal external costs of noise. The strengths and weakness of the scenarios in the contentious area between effectiveness and realizability were evaluated. Whereas the scenario based on the proposed EU Directive tended to be counter-productive as far as an improved incentive effect is concerned, in the consideration of external costs it is legal implementation and practicability that must be called into question, an improved incentive effect not having been proven. Guidelines for the future design of noise-related LTO charging systems Through the analysis of the national and international legal framework of charging systems, the description of noise-related charges at German and international airports and the assessment of the effect of noise-related LTO charges, a number of critical factors were identified that could in future enable effective (further) development of noise-related LTO charging systems for the purpose of noise mitigation: An important guiding principle is that, in future, noise-related LTO charging systems should focus more strongly than in the past on the objective of noise mitigation. For this purpose, the following principles should be promoted: 1. Strengthening the incentive effect of LTO charges for the operation of less-noisy aircraft and the switching of flight movements to times of the day that are less sensitive to noise. 2. Strengthening the financing function of noise-related LTO charges as an instrument of active and passive noise mitigation at particular airports. 3. Strengthening the communicative function of LTO charges as an instrument of noise mitigation; improvement in communication with those affected by noise, also to encourage acceptance of developments in flight operations (licence to operate). To ensure adherence to these principles, harmonization of systems and bases for assessment appears to be necessary for fair competition between airports, if possible at the EU level. Further development of charges for the purpose of noise mitigation, in
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particular at highly-frequented hubs, should not open the door to undesirable reactions on the part of airlines to the cost of noise mitigation, such as switching flight movements to secondary or tertiary airports. An essential basis for the further development of LTO charging systems is the improvement and harmonization of bases for assessment. The calculation of noise- related LTO charges should be carried out, in the opinion of the project team, on a largely harmonized basis, namely on the basis of the actual noise emissions of the respective aircraft. For the purpose of calculating LTO charges on the basis of actually emitted noise and the resulting nuisance effect, the project team favours, in the long term, maximum noise level (LAmax) measured locally at airports, which, however, would place great demands on noise measurement that are not yet met at all European airports. In the short term, ICAO certification levels represent an adequate and, above all, practicable basis for assessment. Harmonization of the basis for assessment therefore requires a transitional period. Allocation of aircraft types to noise categories, as carried out at many German and European airports, should be abandoned. In the view of the project team, much is to be said for calculation of noise-related LTO charges by way of a constant function, dependent solely on measured noise values (and in the short term also on certification values. see above). Analytical investigations – particularly those for the scenario concerning the marginal external costs of noise – have shown that a noise-related LTO charging system can and should distinguish between • the type of flight movement (landing and take-off) and • the timing of the flight movement (day, evening, night). This way, with particular regard to the communicative function of the charging system, the varied nuisance effect of landing and take-off is emphasized. In combination with differentiation of charges by time of day, an incentive for changes in the timing of flight movements could arise. The spread of charges is, in the opinion of the project team, one of the main success factors for an effective noise-related LTO charging system. Restricting spread to a ration of 1 to 40 (in accordance with the proposed EU Directive COM (2002) 683 is counter-productive as far as the incentive effect is concerned. The project team makes a clear recommendation for a progressive design; that is, a design with an exponential increase in noise charges for loud aircraft. The aircraft mix can vary greatly between airports. For this reason, charging systems have to be structured to suit the objectives of a particular airport. It should also be possible in the future to vary the level and spread of charges between airports. Apart from a progressive design, the project consortium also proposes the dynamization and tightening up of noise-related charging systems, in order to emphasize the long-term objective of noise mitigation, to ensure planning security for airline companies and to increase the incentive for the purchase and operation of less-noisy aircraft.
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The determination of rates and spread of charges should also take into account the nuisance effect of noise on those living in the vicinity of airports. Consideration of the nuisance effect of aircraft noise can be established and considered for a given airport on the basis of the size of the resident population within certain isophones. In the view of the project consortium, local concernment at noise could be considered in charging systems when a certain number of people live within defined isophones. Such modulation of LTO charging systems still needs to be elaborated, however. Even if, in future, further differentiation criteria can be better incorporated into a transparent and harmonized noise-related LTO charging system than at present, on the basis of current knowledge it is not possible to foresee whether an appreciable incentive can be produced for the operation of less-noisy aircraft or for a shift in the timing of flight movements. Basically, there is a lack of transparency with regard to the general effectiveness and precise effects of different charging systems as well as to their specific design at individual airports. To deal with this problem, the project team recommends that, in future, a harmonized system of noise-related LTO charges should be linked to a monitoring and reporting obligation. The project team sees in this proposal an effective means to make the discussion of assumed effect mechanisms and precise effects of noise-related LTO charges more transparent. In other words: should it not be possible to introduce such a monitoring and reporting system, and beyond that, to describe the precise effects of this economic instrument, its potential for initiating a control effect must be subject to even more doubt.
Against the background of uncertain assessment of the current and future incentive effect of noise-related LTO charges, with particular regard to the operation of less-noisy aircraft, the project teams recommends further measures to strengthen the financing function – and also the communicative function – of this instrument. An important element could be the use of revenue from noise-related LTO charges at individual airports for noise mitigation. Revenue from charges should be used as far as possible for measures in the area of active and passive noise mitigation (for instance, development and expansion of noise monitoring, regional noise alleviation planning, constructional noise mitigation).
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2 Introduction
2.1 Background International air transport involves considerable adverse effects on the environment at both a national and an international level, which, against the background of high rates of growth in the volume of air transport in recent years, has become the focus of increased public interest. While, at a global level, discussion centres on the significance of air transport for the climate, at a local level the focus is on problems of noise, which is now one the most important environmental problems in the Federal Republic of Germany. Generally speaking, traffic is the main source of noise, and particularly in the vicinity of airports, aircraft noise. Against this particular background of the growing volume of traffic, but also with regard to the discussed expansion of capacity at German commercial airports (inter alia Frankfurt and Berlin), increasing efforts are being directed at problems of noise mitigation. Approaches at both a national and an international level are varied, but on the basis of results achieved so far, they cannot be regard as adequate. The debate in Germany in recent years has centred on the amendment of the Aircraft Noise Act (Gesetz zum Schutz gegen Fluglärm). In recent legislative periods, however, consensus could not be achieved on the fundamental amendment of the 1971 Act, the debate on the financing of necessary passive noise mitigation being responsible for the impasse. Parallel to the legal debates, measures are being discussed that support both active and passive noise mitigation and can also contribute to a reduction in problems of noise in the vicinity of airports. In the discussion that is being conducted at a EU level it is above all economic instruments that play a significant role. The European Commission's Communication on Air Transport and the Environment (COM(1999) 640 final), proposed, among other measures, the introduction of economic incentives to encourage airline companies to make use of technologies that lessen adverse effects on the environment. This approach was approved by the Council. One possibility being discussed is the differentiation, or modulation, of airport charges in accordance with the environmental impact of aircraft. It is this point that provides the focus for the R & D project, "Economic measures for the reduction of the environmental impact of air transport: noise-related landing charges" from the Ministry of the Environment's environmental research plan, which was awarded by the Federal Environmental Agency in December 2001 to the Öko-Institut for Applied Ecology and the German Institute for Economic Research (DIW).
Objectives of the project The main objective of the project, "Economic measures for the reduction of the environmental impact of air transport: noise-related landing charges" is the
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"development of an effective system of noise-related landing charges", because, so the thesis of the commissioning agency, "a noise-related landing charge is currently levied at German commercial airports that, however, offers aircraft operators no perceptible incentive for the use of less-noisy aircraft."“ For this purpose the following operating steps were put out to tender: "Selection and brief description of the most important international systems of noise-related landing charges. Assessment of the effectiveness of the selected charging systems with regard to the operation of low-noise aircraft. Elaboration of a practicable system of landing charges, taking account of the noise emissions of aircraft operated at German airports at present and in the near future. Description of the legal prerequisites for the introduction of such a system of landing charges at German airports. Model application of the planned noise-related charging system at a German airport with a high volume of traffic, in agreement with the commissioning Agency. Assessment, on the basis of a case study, of the effects of the charges model with particular regard to aircraft noise nuisance in the vicinity of airports, the scale of operation of low-noise aircraft as well as costs for aircraft owners and airline companies, airport operators, passengers and cargo customers."2
2.2 Structure and procedure The structure of this report is based as far as possible on the specifications of the Federal Environmental Agency (UBA). The report begins with a description of the applicable political and legal framework of noise-related landing and take-off (LTO) charging systems as well as of possible future changes (see Chapter 3). For this purpose, national, European and international legislation are examined, and on this basis, within the framework of status quo analysis, noise-related LTO charging systems in use at European and German airports at the end of the year 2002 are extensively and systematically investigated with regard to their structure (basis for assessment, rates and spread of charges, time-related differentiation of charges etc.) and their economic incentives for the use of less-noisy aircraft. Presentation of the analysis is to be found in Chapter 4, which also contains an assessment of the financial significance of charges from important participants in the aviation market. An in-depth assessment of the effectiveness of the charging systems at selected airports (Frankfurt, Cologne/Bonn and Zurich) is carried out in Chapter 5
2 Text in italics is from the invitation to tender, on which this report is based.
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and covers the economic, operational and noise-side effects of existing charging systems. Based on the example of the reference airport at Frankfurt, model application of possible alternative charging system is conducted in the form of scenarios (Chapter 6). For this purpose, the amended EU Directive (COM(2002 683) on the establishment of a Community framework for noise charges for civil subsonic aircraft is drawn upon in Scenario I, and the marginal external costs of noise are considered in Scenario II. This analysis comprises, in each case, the development, effect analysis and assessment of the scenarios, and is focused on strengthening the incentive for the operation of low- noise aircraft. Finally, on the basis of the preceding analyses, conclusions are drawn in the form of guidelines for the development and design of a future system of noise-related LTO charges. For this purpose, Chapter 7 contains proposals for recommendations, which, in the view of the project team, should be considered in the future design of charging systems.
2.3 Definitions Both in legal provisions and in bibliographical references to LTO charging systems, the terms "landing fees/charges" and "airport charges" are neither precisely distinguished nor used synonymously. In the following section, these terms, and other associated terms, are defined for uniform application in this report. In addition, legally-acceptable forms of noise charges are treated.
2.3.1 "Airport charges" and operational charges "Airport charges" can be subject to a broad or a narrow definition. According to a broad definition, "airport charges" cover all financial payments connected with the use of airports. Besides charges for facilities and services that are exclusively provided by airport operators, these would also include services provided by third parties, such as meteorological services from the German Weather Service. According to a narrow definition, "airport charges" are understood to mean financial payments for services and facilities that can typically only be provided by airports and that are collected by airport operators. According to the narrow definition, "airport charges" comprise only such payments as are levied for the use of facilities that, on account of complexity or from the point of point of view of costs or the environment, have up to now only been provided by airports themselves.3
3 Schwenk, Handbuch des Luftverkehrsrechts, 2. Auflage 1996, p. 151 ff.; Giesberts, Ludger/ Geisler, Markus, „Flughafengebühren“ – Neue Entwicklungen bei Entgelten für die Benutzung von Flughäfen, ZLW 1/1998, p. 35, 36.
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Airport charges are defined in Article 2, No. 4 of the proposed EU Directive on airport charges4 as "the sums collected at an airport for the benefit of the management body and paid by the airport's users ensuring the remuneration of facilities and services, which, by their nature, can only be provided by the airport and which are related to handling passengers, freight and mail, landing, parking of aircraft and, where appropriate, the security of passengers as well as the environmental effects of handling passengers, freight and mail, excluding any amounts paid for air navigation or meteorological services.“
Since the different approaches do not clearly distinguish between "fee" and "charge", a definition of "airport charges" is made within the context of German law. The terminological allocation of payments required by an airport operator in connection with landing and take-off depends on the respective legal grounds. The term "fee" is used in administrative law for such payments required in return for a particular official act or other administrative activity, or for the utilization of public facilities and installations.5 In Germany, airports do not have the legal status of public facilities; they are rather private enterprises that levy charges on their users in accordance with civil law.6 All payments demanded for services provided by airport operators on the basis of contracts under civil law are therefore to be described as charges. These charges, which are generally described in this study as air traffic charges, can be split into airport and infrastructure charges. In the case of airport charges, a distinction can be made between fixed and variable charges. Variable airport charges include passenger charges, which are levied per passenger. Charges described in the air transport sector as fixed airport charges cover landing and take-off (LTO) charges, as well as parking charges. Infrastructure charges include ground services such as passenger and baggage handling, apron services and catering.7 An overall view of the system of German air traffic charges is provided in Figure 1.
4 Amended proposal COM (1998) 509 final for a Directive on airport charges, Official Journal C 319/4 of 16.10.1998, which modified the original proposal COM (1997) 154 final, Official Journal C 257 of 22.08.1997, p.2. 5 Grupp, in Achterberg/Püttner, Besonderes Verwaltungsrecht, Kapitel 6, Haushalts- und Abgabenrecht, Rz. 161. 6 BGH, DVBl 1974, S.558; BGH, ZLW 1974, p. 140; Hoffmann/Grabherr, § 6 Rz. 166; different view Ossenbühl, DVBl 1974, S. 541. 7 Regarding the wider scope of ground services cf. § 19 c Luftverkehrsgesetz [Air traffic Act] as well as Appendix 1 to § 2 No. 4 of the Bodenabfertigungsdienstverordnung (BADV) [Groundhandling Ordinance] of 10 December 1997, BGBl. I, p.2885, last amended by Article 28 of the Act of 15 December 2001 BGBl. I, p.3762. The BADV implements in German law EU Directive 96/67/EC of 15. October 1996 on access to the groundhandling market at Community airports, Official Journal L 272 of 25.10.1996, p.36 in.
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Figure 1 Air traffic charges at German airports
LuftverkehrsentAir trafficg chargeselte an deutschen at German Verkehrs airportsflughäfen
Airport charges Infrastructure charges Subject to authorization by the Not Subject to authorization civil aeronautics board According to §19c LuftVG or According to §43 LuftVZO BADV annex 1 Fix charges : (1) administrative dispatch - LTO charges (2) air passenger dispatch # noise-related LTO charge (3) baggage dispatch # special noise charge (4) cargo- and post dispatch - Turn Off charges (5) apron service Variable charges : … - Passenger charges (11) Catering # special noise charge
Apart from charges levied under civil law, airport users (airline companies) also have to pay fees for official duties in connection with landing and take-off. For instance, Deutsche Flugsicherung GmbH (DFS), a private company charged with performing the official duties of air traffic control,8 imposes charges for the control of take-off and landing (see Section 3.3).
2.3.2 Noise charges The object of the study is the examination of "noise-related landing charges" as an economic measure for the reduction of the environmental impact of air transport. German airports, such as Frankfurt, already levy noise charges as a part of airport charges. At Frankfurt Airport, however, a noise charge is levied as part of the passenger charge, and on the other hand LTO charges contain an MTOM-related charge. The features and objectives of individual noise charges, as well as the legal basis on which they are levied, are described below. According to the Communication of the EU Commission on the sustainable development of air transport, noise-related charges are levied at different European airports in connection with landing and take-off, in order to provide an incentive for the
8 The official authorization of the DFS is in accordance with § 31 b, paragraph 1, § 31 d paragraph 1 sentence 1 LuftVG [Air Traffic Act] in connection with the Verordnung zur Beauftragung eines Flugsicherungsunternehmens (FS-AuftragV) [ATC Authorization Ordinance] of 11.11.1992, BGBl. I, p. 1928.
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operation of low-noise aircraft and to finance noise-mitigation measures.9 The EU Directive on the calculation of noise charges10 defines "noise charge" in Article 2 (1a) as "a specific noise levy by the airport, related to the certificated noise characteristics of the aircraft, which is designed to recover the costs of alleviation or prevention of noise problems and to encourage the use of less noisy aircraft."
According to this definition, "noise charge" covers not only the noise element of LTO charges, but also specific noise charges, for noise mitigation programmes for example. In the annex to the Directive, under "modulation of noise charges" a distinction is made between "specific noise charges", which can be levied for the purpose of financing noise mitigation programmes, and "other noise charges". Referring to the principle of cost-relatedness, the draft directive lays down "that charges should be based as closely as possible on underlying costs". Because of cost relatedness, the directive concludes that "there should be specific noise charges for financing noise mitigation programmes, and other noise charges should be compensated by negative noise charges (rebates) in order to be revenue neutral." As a result of the differentiation in the proposed directive, the term "noise charges" is applied in this report as a generic term for "specific noise charges" and "noise-related LTO charges": • "Specific noise charges" are cost-related and are levied in respect of measures for the alleviation or prevention of noise problems, in particular for noise mitigation programmes. • "Noise-related LTO charges are levied in connection with landing and take-off. They provide airport operators with the opportunity to encourage the use of less-noisy aircraft at their airports, and, as a rule, they are unrelated to cost. There can be components of noise-related LTO charges, however, that not only have a control effect, but are also related to costs. For instance, an MTOM- related component of LTO charges is also related to the costs of runway deterioration. Noise charges can be imposed in a number of ways. At present, noise charges are imposed in Germany on a private legal basis within the scope of airport charges. It ought to be examined, whether they could be imposed in the form of taxes, special levies and fees.
9 Cf. Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions – Air Transport and the Environment: Towards meeting the Challenges of Sustainable Development, COM (1999) 649 final. 10 Amended Proposal COM (2002) 683 final for a Directive on the establishment of a Community framework for noise classification of civil subsonic aircraft for the purposes of calculating noise charges.
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In the view of the European Commission, noise charges can take the form of an "extra landing charge" or a "specific noise charge or tax".11 In the language of international conventions and organizations a distinction is made between "taxes" and "charges". Levies, which primarily serve the achievement of state revenue, are described as "taxes"; levies in return for a service are described as "charges". According to the ICAO, charges in air transport are levied in particular to cover the costs of providing facilities and services. "Taxes“ are neither used wholly for air transport, nor are they cost-related.12 According to § 3 (1) of the Ordinance on charges (Abgabenordnung), taxes are "one-off or continuing payments, which are not in return for a particular service, and which are generally and uniformly imposed by a public body for the achievement of revenue, by which the circumstance applies to which the Act attaches liability." Taxes are typically levied for the purpose of achieving revenue, and not as reciprocation on the part of the authorities in favour of those liable to pay.13 Besides this financing function, taxes also acquire a control function.14
2.3.3 Form of noise charges As far as the form is concerned in which noise-related LTO charges and specific noise charges can be levied in Germany, the following possibilities arise: • Specific noise charges for noise-mitigation programmes, for example, cannot be levied under German law in the form of taxes, since they are not intended for the purpose of raising government revenue, but rather for the financing of a particular measure. Designation as taxes would also be in contradiction of international use of the term "charges".15 • It remains to be considered, whether the imposition of specific noise charges in the form of a special levy or an airport charge is possible, instead of the existing practice of inclusion in airport charges.16 Up to now, there has been no provision under public law according to which airports are entitled to impose specific noise charges on airlines or their passengers. According to § 9 of the Aircraft Noise
11 Cf. The English version of the Communication of the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions – Air Transport and the Environment: Towards Meeting the Challenges of Sustainable Development, COM (1999) 649 final, p. 20. 12 A33-7: Consolidated statement of continuing ICAO policies and practices related to environmental protection, Appendix I, at: http://www.icao.int/cgi/goto_atb.pl?icao/en/env/overview.htm;env. 13 BVerfGE 36, 66, 70. 14 BVerfGE 55, 274,299. 15 Cf.: ICAO Policy on Airport Charges, Section 3.1.1. 16 According to the systematics of traffic charges, not only noise-related LTO charges, but also specific charges are levied in Germany within the scope of airport charges; that is, on a contractual basis under civil law; cf. Section 2.3.1.
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Act17, owners of land in Protection Zone 1 on which – after a noise protection zone has been established – residential property is built or may be built, can demand compensation from the respective airport owner, in accordance with § 12 of the Aircraft Noise Act, in respect of expenditure on structural noise mitigation measures. The Aircraft Noise Act provides for no legal authorization under public law, according to which the costs of noise prevention or alleviation could be recovered in the form of charges or special levies on airlines or their passengers.18 • Noise-related LTO charges are not cost-related but, for the most part, have a control effect, which is why imposition in the form of a tax could be considered. According to European and international objectives for noise-related LTO charges, these do not serve the purpose of raising revenue, but should be realized with a neutral effect on costs through a system of surcharges and rebates on existing airport charges.19 Imposition in the form of a charge is not possible, since noise- related LTO charges are levied neither as reciprocation nor for the utilization of a public facility.20 With the agreement of the commissioning Agency, a detailed examination of the legal realizability of specific noise charges in the form of a fee or special levy, as well as of noise-related LTO charges in the form of a special levy, has not been carried out in the further course of the study.
2.3.4 Description and explanation of other levies In connection with air transport, apart from the levies already discussed in detail, further items crop up that, in the view of airlines in Germany, give rise to costs. These concern, in particular, infrastructure charges, which are generally not subject to authorization and are levied for ground-handling services at airports. Further aspects of these charges are regulated in the Ordinance on ground-handling services (Bodenabfertigungsdienst-Verordnung (BADV)), which regulates, above all, access to the market for ground-handling services at airports in Germany. The ground-handling services covered by this ordinance are listed in Appendix 1 of the ordinance, which implements EU Directive 96/67/EC on "access to the market for ground-handling services at Community airports" of 15 October 1996 in German law. The Ordinance on the costs of air traffic management (Kostenverordnung der Luftfahrtverwaltung - LuftKostV) lays down that authorized representatives of the Civil Aeronautics Board and the Ministry of Transport may collect costs (charges and
17 Gesetz zum Schutz gegen Fluglärm (FluglärmG) [Aircraft Noise Act], in the version published on 30 March 1971, BGBl I, p. 282, last amended by Article 46 of the Siebenten Zuständigkeitsanpassungs- verordnung of 29 October 2001, BGBl. I, p 2785. 18 Cf. The position of the Federal Environment Ministry on the amendment of the Aircraft Noise Act at: http://www.bmu.de/fset1024.php 19 Cf. under: ICAO Policy on Airport Charges (Section 3.1.1). 20 See Section 3.2.1.
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expenses) in accordance with §§ 31b (air traffic control) and 31c (use of airspace by balloons, light planes and model airoplane) of the Air Traffic Act in respect of official duties in the sphere of air traffic management.
Levies for ATC services, which are officially performed in Germany by the Deutsche Flugsicherung DFS GmbH, are legally regulated by means of cost ordinances and are imposed in the form of charges. A distinction is made between en-route and LTO charges. The Ordinance on the levying of charges for the use of en-route air navigation services and facilities (FS-Strecken-Kostenverordnung - FSStrKV) of 14 April 1984 regulates and determines en-route charges in inner-German and cross-border traffic. The Ordinance on the levying of charges for the use of ATC services and facilities on arrival and departure (FS-An- und Abflug-Kostenverordnung - FSAAKV) of 28 September 1989 contains regulations on LTO charges. The so-called aviation security charge, which is levied by the Ministry of Transport, was introduced in 1990 for the offical security control of air passengers and is levied on the basis of the Ordinance on the costs of air traffic management and the Air Traffic Act. The rate of charge is calculated on the basis of passenger traffic and the size of airports, and ranges between 2.05 and 10.23 euros. Only those transfer passengers are affected who are controlled by the Bundesgrenzschutz [Federal Border Guard]. The aviation weather service, which is conducted according to regulations of the ICAO and the World Meteorlogical Organizastion (WMO), covers, among other things, continuous weather observations and related services in line with the specific demands of aviation. The conduct of meteorological services is encumbent on the German Weather Service (DWD, Offenbach) and aviation advice centres. Charges for services provided by the DWD are levied in accordance with the Ordinance on the levying of charges for the use of ATC services and facilities. Charges for further services are levied in accordance with the latest DWD price-list.
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3 Legal framework of charging systems In this chapter, legal criteria are described that are significant for the design of noise charges within the framework of a German regulation on airport charges. In addition, legislation and proposed legislation at an international, European and national level are also examined.
3.1 International law
3.1.1 ICAO standards and recommendations Legal specifications for the design of a German regulation on noise charges are to be found in the Chicago Agreement, in "ICAO Policies on Charges for Airports and Air Navigation Services“ and in the "Airport Economics Manual“.
Binding effect of ICAO recommendations Before dealing with ICAO guidelines on the design of noise-related LTO charges, it should first of all be explained to what extent such guidelines have a binding effect on the design of noise charges in Germany. In the introduction to "ICAO Policies on Airport Charges“, the policies are described as "recommendations and conclusions of the Council“ and as "policies and guidance on charges“.21 Within the framework of its mandatory functions under Article 54 (i) of the Chicago Convention the ICAO Council can: "adopt, in accordance with the provisions of Chapter IV of this convention, in- ternational standards and recommended practices; for convenience designate them as Annexes to this Convention; and notify all contracting States on the steps taken;” The terms "standard“ and "recommended practices" are not defined in the Chicago Convention. The ICAO Assembly had, however, already carried out a detailed definition of these terms in 1947 in connection with "air navigation".22 Following modification in 1949, the following definitions apply: "Standards: Any specification, the uniform observance of which has been re- cognized as practicable and as necessary to facilitate and improve some aspects of international air navigation, which has been adopted by the Council pursuant to Article 54 (i) of the Convention, and in respect of which non- compliance must be notified by States to the Council in accordance with Article 38.
21 ICAO´s Policies, Doc 9082/6, p. 1. 22 ICAO Assemby, Resolution A1-31, ICAO Doc. 4411 (A1-p/45) (1947); printed in: Burgenthal, T., Law Making in the International Civil Aviation Organization 60 (1969).
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Recommended Practices: Any specification, the observance of which has been recognized as generally practicable and as highly desirable to facilitate and improve some aspects of international air navigation, which has been adopted by the Council pursuant to Article 54 (i) of the Convention, and to which Contracting States will endeavour to conform in accordance with the Convention.”23 A standard, which has been properly adopted, is mostly regarded as binding, whereas recommended practices have no binding effect (Loibl 1998).
Chicago Convention In drawing up a regulation on charges for German airports, Article 15 paragraphs 1 and 2 of the Chicago Convention24 have to be considered, which contain the following provisions: "Every airport in a contracting State, which is open to public use by its national aircraft shall likewise, subject to the provisions of Article 68, be open under uniform conditions to the aircraft of all other contracting States […]. Any charges that may be imposed or permitted to be imposed by a contracting State for the use of such airports and air navigation facilities by the aircraft of any other contracting State shall not be higher, a) [...] b) as to aircraft engaged in scheduled international air services, than those that would be paid by its national aircraft in similar scheduled international air services." Under the terms of Article 15 of the Chicago Convention, the levying of airport charges is subject to a ban on discrimination. According to an arbitration award, this ban is to be interpreted in such a way that it protects against both formal and actual discrimination.25 The levying of noise charges amounts to neither formal nor actual discrimination, since it is based on the objective criterion of "the noise emission of an aircraft". The objection that charges modulated according to actual noise emissions impose a greater burden on airlines with "loud" aircraft types than on airlines with "quiet" aircraft types is inappropriate. This disadvantage lies in the nature of the regulation, which applies to noise emissions and is not of a discriminatory nature. Discrimination between foreign and national airport users, in particular, is not evident.
23 ICAO, Standards and Recommended Practices: Facilitation – Annex 9 to the Convention on Interna- tional Civil Aviation, VI, (9th edition, 1990). 24 Convention on International Civil Aviation of 7.12.1944, ratified by Act of 7.04.1956, printed in: BGBl [Federal Law Gazette] 1956 II, p. 411. 25 Cf. The arbitration award in the dispute between the USA and the UK concerning airport charges at Heathrow, printed in:: Mendes de Leon, Air and Space Law 1997, p. 131, 133 f.
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ICAO's Policies on Charges for Airports and Air Navigation Services ICAO recommendations on the permissibility of airport charges are laid down in "ICAO Policies on Charges for Airports and Air Navigation Services“.26 The general principles of these ICAO Policies are presented below, in so far as they are relevant for the design of noise charges:27 Any charging system should, as far as possible, be simple and suitable for general application at international airports. Charges should be determined on the basis of sound accounting principles and may reflect, as required, other economic principles, provided that these are in conformity with Article 15 of the Convention on International Civil Aviation. Charges must be non-discriminatory both between foreign users and those having the nationality of the State in which the airport is located and engaged in similar international operations. Where any preferential charges, special rebates or other kinds of reduction in the charges normally payable in respect of airport facilities are extended to particular categories of users, governments should ensure, so far as practicable, that any resultant under-recovery of costs properly allocable to the users concerned is not shouldered onto other users. To avoid undue disruption to users, increases in charges should be introduced on a gradual basis; however, it is recognized that in some circumstances a departure from this approach may be necessary. The ICAO recommends, in connection with the levying of noise-related charges, that the following principles be applied:28 "Noise-related charges should be levied only at airports experiencing noise problems and should be designed to recover no more than the costs applied to their alleviation or prevention. Any noise-related charges should be associated with the landing charge, possibly by means of surcharges or rebates, and should take into account the noise certification provisions of ICAO Annex 16 to the Convention on International Civil Aviation – Environmental Protection in respect of aircraft noise levels. Noise-related charges should be non-discriminating between users and not be established at such levels as to be prohibitively high for the operation of certain aircraft.“
26 Adopted by the Council on 22.06.1992 at the 14th Meeting of its 136th Session, modified on 8.12.2000 at the 18th Meeting of its 161st Session, Doc 9028/6, 6th Edition, 2001 (quoted in: ICAO Policies, DOC 9082/6). 27 ICAO's Policies, Doc 9082/6, p. 8. 28 Paragraph 30, ICAO's Policies, Doc 9082/6.
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In Appendix I to ICAO Policies, Doc. 9082/6, under "Noise alleviation and prevention", the following services, measures and facilities are listed whose costs are to be taken into account in determining airport costs: • Noise-monitoring systems, noise-suppressing equipment and noise barriers. • Land or property acquired around airports. • Soundproofing of buildings near airports and other noise alleviation measures arising from legal or governmental requirements.
Airport users should be consulted before changes in charging systems or levels of charges are introduced (principle of consultation). The aim should be that charges, wherever possible, be levied on the basis of agreement between users and providers. The purpose of consultation is to ensure that the provider supplies sufficient information to users concerning the proposed change and gives proper consideration to the views of users and the effect the charges will have on them (principle of transparency).29 It stands to reason that, according to ICAO recommendations, noise-related charges should only be levied at airports experiencing problems of aircraft noise. However, ICAO Policies contain no guidelines defining the existence of a noise problem at an airport. It is therefore left up to contracting states to decide whether an aircraft-noise problem exists at an airport and which criteria are to be applied in its assessment. In Paragraph 30 – "Noise-related charges“ – the ICAO recommends that noise-related charges should be levied only for such measures as are intended to alleviate or prevent aircraft-noise problems. As far as the measures listed in Appendix I to ICAO Policies, Doc. 9082/6 are concerned, the ICAO assumes a connection between measures of noise alleviation and noise prevention. This list of measures cannot be conclusive, however, since the ICAO recommendation on the recovery of costs is to be treated as a principle. This principle is to be applied to "any items of expenditure“ to be recovered from airport users.30 Measures other than those listed in Appendix I can therefore satisfy this principle if they serve the alleviation or prevention of noise problems. The calculation of noise-related charges should be based, according to ICAO recommendations, on noise certification and aircraft noise levels according to Annex 16 of the Chicago Convention. The question arises, whether contracting States can also select another basis for the calculation of noise-related charges; for example, the noise level of an aircraft measured at an airport. The wording of the regulation refers to a "recommendation". That the guidelines have the character of a recommendation is supported by deviation from ICAO recommendations in practice. For instance, noise levies at Amsterdam and Zurich airports are not based on ICAO noise classification (Fichert 1999).
29 Paragraph 31 ICAO Policies, Doc 9082/6. 30 ICAO's Policies, Doc 9082/6 p. 12, paragraph 30, sentence 3.
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Airport Economics Manual Further ICAO recommendations concerning noise-related charges are to be found in the “Airport Economics Manual”31. In Paragraph 4.54 of the Manual, the cost basis for noise-related charges is described as the costs of noise monitoring and noise abatement measures. In connection with "charges on air traffic and their collection“, Paragraph 17 (i) contains the recommendation that "noise-related charges“ should only be collected for noise alleviation and prevention and should not give rise to additional earnings for airports. With regard to the design of a noise-related charging system, Paragraph 17 (ii) recommends: "No specific noise-related charging or rebating method is recommended, but the effective perceived noise level (EPNL) of the aircraft concerned could be used as a charging or rebating parameter. The sophistication or complexity in the design of the scale would vary according to local circumstances and re- quirements. The scale could be linear or in steps. For ease of application it could be supplemented with a list indicating the charge or rebate that would apply to the different aircraft types known to be operating into the airport which could be subject to the noise-related charges or rebates.” The recommendations contained in the "Airport Economics Manual“ reflect, in the main, the guidelines of the ICAO´s Policies, DOC 9082/6: Noise-related charges should cover the costs of measures of noise alleviation and prevention. The Manual makes clear that the ICAO allows considerable latitude in the design of charging systems.
3.1.2 Summary of ICAO guidelines ICAO guidelines on the design of (noise-related) airport charges can be summarized as follows: 1. Noise-related charges should only be levied at airports where aircraft noise problems occur. Whether an aircraft noise problem exists at an airport can be determined by a contracting state. 2. The design of noise charges may not discriminate between foreign and national airport users; that is, the levying of noise charges at differing levels must be based on objective criteria (ban on discrimination). Noise-related charges should not be established at such levels as to be prohibitively high for the operation of certain aircraft. 3. Noise-related charges should be levied only for such measures as are intended to alleviate or prevent aircraft-noise problems (principle of cost-recovery). In the case of the following services, measures and facilities, it is to be assumed that they are intended to alleviate or prevent aircraft noise problems, and that
31 Airport Economics Manual, Doc 9562, First Edition, ICAO 1991.
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their costs may therefore be taken into account in the calculation of noise- related charges (Appendix I to ICAO's Policies, Doc. 9082/6): Noise-monitoring systems, noise-suppressing equipment and noise barriers. Land or property acquired around airports. Soundproofing of buildings near airports and other noise alleviation measures arising from legal or governmental requirements. In addition, other measures can be covered by noise charges if they serve the alleviation or prevention of noise problems. 4. The calculation of noise-related charges should be based, according to ICAO recommendations, on noise certification and aircraft noise levels according to Annex 16 of the Chicago Convention. 5. Noise-related charges should be determined on the basis of sound accounting principles and be associated with the landing charge, possibly by way of surcharges or rebates. 6. To avoid undue disruption to users, increases in charges should be introduced on a gradual basis; however, it is recognized that in some circumstances a departure from this approach may be necessary. 7. Airport users should be consulted before changes in charging systems or levels of charges are introduced (principle of consultation). The aim should be that charges, wherever possible, be levied on the basis of agreement between users and providers. The purpose of consultation is to ensure that the provider supplies sufficient information to users concerning the proposed change and gives proper consideration to the views of users and the effect the charges will have on them (principle of transparency)
3.1.3 Bilateral air transport agreements of the Federal Republic of Germany Besides the Chicago Convention, international regulations on airport charges are to be found in the bilateral air transport agreements of the Federal Republic of Germany, in which rights necessary for the conduct of scheduled air services with the respective contracting partner are regulated. The Federal Republic of Germany has concluded 135 bilateral air traffic agreements with other countries,32 of which a number have not yet come into force. Bilateral agreements with Member States of the European Union have been largely superseded by European air transport regulations.33 By contrast, air transport agreements with non-members of the EU retain their legal significance. Bilateral German air transport agreements are based, in part, on a specimen
32 Cf. http://www.luftrecht-online.de/regelwerke/lva.htm (as at 1.08.2002). 33 For example, Council Regulation (EEC) No. 2408/92 of 23.07.1992 on access for Community air carriers to intra-Community air routes.
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agreement34 that contains, in Article 5 on the subject of "charges", the following regulation proposal: "Equal treatment in the case of charges i. Charges that are levied in the territory of a contracting party for the use of airports and other air navigation facilities by the aircraft of each designated airline of the other contracting party may not be higher than the charges that are imposed on the aircraft of a national airline in similar scheduled international air services (2) Charges for the use of airports or other air navigation services and facilities or similar levies or charges in connection with the operation of airline services are to be determined on a cost-related basis; corresponding evidence can be required. At airports with only one supplier of such services the same applies for charges for handling passengers, baggage and cargo as well as for the handling of aircraft."
The "regulation of charges" in Article 5 (1) of the specimen air transport agreement contains the principle of non-discrimination. It should also be noted that, according to Article 5 (2) of the specimen air transport agreement, airport charges have to be cost- related and transparent. Article 7bis of the Air Transport Agreement between the Federal Republic of Germany and the United States of America contains, for example, the following regulation on user charges:
"(1) User charges that may be imposed by the competent charging authorities or bodies of each contracting party on the airlines of the other contracting party shall be just, reasonable, not unjustly discriminatory, and equitably apportioned among categories of users. In any event, any such user charges shall be assessed on the airlines of the other contracting party on terms not less favourable than the most favourable terms available to any other airline at the time the charges are assessed. (2) User charges imposed on the airlines of the other contracting party may reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such full cost may include a reasonable return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis. (3) [...] (4) [...]“35
34 Muster-Luftverkehrsabkommen der Bundesrepublik Deutschland, www.luftrecht-online.de .
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Compared with ICAO guidelines, Article 7bis of the Air Transport Agreement contains no new criteria that would have to be considered in the design of a noise-related charging system in Germany. Article 8 (2) of the Air Transport Agreement lays down the following regulations with respect to limitations on competition: (2) Each contracting party shall allow each designated airline to determine the frequency and capacity of the international air transportation it offers, based upon commercial considerations in the marketplace. Consistent with this right, neither contracting party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the designated airlines of the other contracting party, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Convention.
Through the introduction of noise-related charges, whose aim is to influence the type of aircraft operated at an airport, indirect limitation on aircraft type is at least possible; and since noise charges are restrictions for environmental reasons, they are not contrary to the German-American Air Transport Agreement. A detailed examination of all German bilateral air transport agreements with other states could not be carried out within the framework of this report. Were regulations on noise charges to be introduced at a EU level, however, corresponding EU law would have precedence over bilateral agreements between Member States and supersede conflicting regulations.36 In such a case, Germany would have to terminate and re- negotiate the respective bilateral agreement.
3.1.4 Interim conclusion German bilateral air transport agreements lay down non-discrimination, cost- relatedness and transparency of charges and thus contain no new specifications for the design of a noise charging system as compared to ICAO guidelines.37 An examination of all 135 German bilateral air transport agreements could not be carried out within the framework of this report. Where regulations laid down in German air transport agreements with other states are at variance with the substance of a noise charging system, two cases have to be distinguished. While conflicting regulations in air transport agreements with other Member States would be superseded by a noise-
35 Current version of the Agreement of 7. July 1955 (BGBl. [Federal Law Gazette] 1956 II p. 403), amended by Protocols of 25. April 25 1989, 23. May 1996 and 10. October 2000 between the Government of the Federal Republic of Germany and the Government of the United States of America on the amendment of the Air Transport Agreement of 7. July 1955. 36 Cf. Article 307 (1) European Community Treaty 37 Cf. Specimen air transport agreement for the Federal Republic of Germany in Section 3.3.
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charge regulation at EU level, air transport agreements with states outside the EU would have to be amended.
3.2 European Community legislation Secondary community legislation provides criteria for and restrictions on the design of a noise-related charging system in • the amended Proposal (COM 2002/683) for a Directive on the establishment of a Community framework for noise charges for civil subsonic aircraft, • Directive 2002/30/EC on noise-related operating restrictions, • Regulation 2408/92/EEC on access for Community air carriers to intra- Community air routes.
3.2.1 Proposal COM (2002) 683 final for a Directive on noise charges The amended proposal COM (2002) 683 final for a Directive on the establishment of a Community framework for noise classification of civil subsonic aircraft for the purposes of calculating noise charges (hereafter: proposed directive on noise charges)38 could, in the opinion of the Commission, usefully complement the proposed airport charges directive or stand alone.39 The proposed airport charges directive allows for the modulation of charges depending on environmental impact, but it does not contain guidelines on the criteria to be used for such modulation.40 The aim of the proposed directive on noise charges, according to Article 1, paragraph 1, is "to enhance the environmental effectiveness of noise charges levied at airport level". The directive seeks to achieve this by ensuring that common criteria based on the noise performance of aircraft are used when calculating noise charges. The directive applies to airports and airport systems that operate commercial flights between Members States and which are located in a Member State. However, the directive applies only to airports at which noise charges are applied (Article 1, paragraph 2 COM (2002) 683).41 Though the proposed directive creates a harmonized framework for all airports with noise charges, it contains no guidelines defining the existence of a noise problem at an airport or when the instrument of noise charges
38 The amended proposal COM (2002) 683 final of 29.11.2002 replaces proposal COM (2001) 74 final of 20.12.2001 for the establishment of a Community framework for noise classification of civil subsonic aircraft for the purposes of calculating noise charges. 39 Cf. The Commission's reasoning in 2001/308 (COD), p. 3 concerning proposal COM (2001) 74 final. 40 Recital 4 of proposed Directive COM (2002) 683. 41 Consequently, Member States are required under Article 4 of the proposed directive to ensure that the Community framework for the calculation of noise charges is applied as from 1. April 2004 in any significant revision of existing systems of noise charges or for newly introduced systems of noise charges, and as from 1. April 2006 to any system of noise charges.
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should be used to tackle noise problems. The latter issue is intended to be settled by Directive 2002/30/EC on noise-related operating restrictions (see Section 3.2.2). Basic principles of Proposal KOM (2002) 683 for a Community framework on the levying of noise charges in the EU are: • non-discrimination of airport users,42 • transparency of noise-related charges,43 • revenue neutrality of noise-related airport charges,44 • cost-relatedness, • proportionality between noise charges and noise nuisance and • objective criteria for the assessment of the impact of aircraft noise. Certified noise levels as defined in Annex 16 – Volume 1 to the Convention on International Civil Aviation are considered to reflect adequately this impact.45 The legal provisions of the proposed Directive COM (2002) 683, which are significant for the regulation of noise-related charges in Germany, are as follows: a) "Specific noise charge" and "other noise charges" The proposed directive defines "noise charge" in Article 2 (a) as "a specific noise levy by the airport, related to the certificated noise characteristics of the aircraft, which is designed to recover the costs of alleviation or prevention of noise problems and to encourage the use of less noisy aircraft ". The levying of a noise charge should accordingly serve two purposes: • recovery of the costs of alleviation or prevention of noise problems and • encouragement of the use of less noisy aircraft.
From the use of the term "noise charges for arrivals and departures" in Article 3 (1) COM (2002) 683 and the distinction between "specific noise charges"“ and "other noise charges“ under the heading "Modulation of noise charges" in the Annex to the directive, it follows that the directive distinguishes between two forms of noise charge: • a noise charge, which is levied in connection with arrivals and departures (referred to in this report as "noise-related LTO charges",46 • and a special noise charge, which serves the "specific purpose of financing environmental mitigation measures at or around airports"47 (referred to in this
42 Cf. Recital 6 of proposed Directive COM (2002) 683. 43 Cf. Recitals 5, 6 and 9 of proposed Directive COM (2002) 683. 44 Cf. Recital 6 of proposed Directive COM (2002) 683. 45 Cf. Recitals 7 and 8 of proposed Directive COM (2002) 683. 46 Described in the Annex to proposed Directive COM (2002) 683 as "other noise charges“. 47 See Explanation memorandum", No. 2 of proposed Directive COM (2002) 683.
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report as "specific noise charge". The financing of sound insulation programmes is expressly mentioned in the directive. While noise-related arrival and departure charges are required to have a neutral effect on revenue, specific noise charges have to be related to costs but can be levied in addition to noise-related LTO charges. b) Cost-relatedness The directive takes account of the principle of cost-relatedness, namely, that charges be based as far as possible on underlying costs. While in the case of specific noise charges a direct relation is established between flight operations and underlying costs (for example, of a sound insulation programme) with the aim of noise alleviation and prevention, this is not inevitably so in the case of measures promoting the operation of low-noise aircraft. In the latter case, the focus is rather on the control function of noise charges. The directive therefore requires that specific noise charges be based on underlying costs. This applies in particular to the financing of noise mitigation programmes. Whether this also includes the costs of noise monitoring is not mentioned in the directive. Furthermore, the cost-related levying of specific noise charges is formulated as a recommendation; this means that exceptions can be made to the basic principle of cost-relatedness.48 c) Revenue neutrality The collection of noise-related LTO charges "should be compensated by negative noise charges (rebates)". This revenue neutrality should be achieved separately at departure and arrival.49 Accordingly, negative and positive LTO charges have to be determined for respective aircraft types in accordance with certified noise energy levels. The sum totals of all LTO charges in a given year for a particular airport must level out. The question of which benchmark is to be applied for the assessment of revenue neutrality is not dealt with in the directive. A possible benchmark could be the total of all LTO charges at the respective airport in the year preceding introduction of noise-related LTO charges. The introduction of noise-related LTO charges therefore results in the situation that airlines that operate loud aircraft will pay proportionally more than others, but the sum of surcharges and rebates should not exceed the cost of providing the service. This means that airports should not in the end receive additional revenue through the levying of noise-related LTO charges, and that airlines as a whole should not be faced with higher costs.
48 Cf. comments under "Modulation of noise charges" in the Annex to proposed Directive COM (2002) 683. 49 Cf. comments under "Modulation of noise charges" in the Annex to proposed Directive COM (2002) 683.
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d) Proportionality between noise-related LTO charges and noise impact According to Article 3 (1) of Directive COM (2002) 683, the noise charge for arrivals and departures has to be proportional to the relative noise impact of arrivals and departures on populations around airports. The relationship between this incremental noise nuisance and the aircraft noise level, according to the Commission, can be most adequately reflected by the noise energy level.50 "Certified noise levels, as defined in Annex 16 – Volume 1 of the Convention on International Civil Aviation, Third Edition, July 1993", are considered to reflect adequately the noise impact for the population living in the vicinity of airports.51 e) Calculation of noise charges Article 3 of Directive COM (2002) 683 lays down criteria for the calculation of noise charges at the airports of Member States, which are specified in a formula in the Annex to the proposed directive. Technical details with respect to the calculation of noise charges are dealt with in Section 6.2.1. An important amendment in Proposal COM (2002) 683, compared to the preceding Draft COM (2001) 74, concerns the maximum noise charge for a given part of a 24- hour period, which now amounts to 40 times the minimum charge, as compared to the previous limit of 20 times the minimum charge (Article 3 (3). A lower ratio – for example, 10 times the minimum charge – may also be applied. Because this bandwidth is not mandatory, a ratio in excess of 40 times the minimum charge may be applied in exceptional cases. The ratio of 40 relates only to a given part of a 24-hour period, which may be subdivided into a maximum of three periods: day, evening and night (Article 3 (4)). Different unit charges may be applied for different times of the day (Article 3 (1). Other sub-divisions in periods of time – such as "at weekends" or "afternoons" are no longer permitted.
3.2.2 Directive 2002/30/EC on noise-related operating restrictions Directive 2002/30/EG52 has the objective of establishing rules and procedures for the introduction of noise-related operating restrictions at the airports of Member States.53 The same operating restrictions should be introduced at airports with comparable noise problems.54 Operating restrictions should not only conform to internal market requirements (Article 1 (b)), they should also facilitate the achievement of specific
50 Cf. Recital 8 of proposed Directive COM (2002) 683. 51 Cf. of proposed Directive COM (2002) 683. 52 Directive 2002/30/EC of the European Parliament and the Council of 26. March 2002 on rules and procedures for noise-related operating restrictions at Community airports, Official Journal L 85/40 of 28.03.2002. 53 Cf. The objective of the directive in Article 1(a) Directive 2002/30/EC. 54 Cf. Recital 7 of Directive 2002/30/EC
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noise-abatement objectives at individual airports (Article 1 (d)). Noise charges can also be regarded as operating restrictions, which are defined in Article 2 ((e) of the Directive as "noise-related action that limits or reduces access for civil subsonic jet aeroplanes to an airport", including "operating restrictions aimed at the withdrawal from operations of marginally compliant aircraft at specific airports, as well as operating restrictions of a partial nature, affecting the operation of civil subsonic aeroplanes according to time period". That the levying of noise charges is a form of operating restriction in terms of the directive is confirmed by the exemplary description of possible operating restrictions in Annex II (no. 1.4) to the directive, where "noise charges" are also mentioned. In order to achieve the objective of the directive – the reduction of aircraft noise problems at airports – Member States have adopted, according to Article 4 (1) of the directive, a "balanced approach". This "balanced approach" is a procedural concept for the mitigation of aircraft noise, which was agreed by the contracting States of the ICAO at the 33rd ICAO Assembly in Resolution 33/755. The directive refers to Resolution 33/756 and defines the "balanced approach" in Article 2 (g) as "an approach under which Member States shall consider the available measures to address the noise problem at an airport in their territory, namely the foreseeable effect of a reduction of aircraft noise at source, land-use planning and management, noise-abatement operational procedures and operating restrictions." Through Directive 2002/30/EC, the specific approach to the resolving of noise problems – "the levying of noise charges" – is embedded in the context of further possibilities for operating restrictions at airports. In resolving noise problems at airports, Members States should pursue a "balanced approach"; that is, the measures taken must be appropriate and necessary to resolve the problem. Noise charges are appropriate to resolving noise problems since, on the one hand, they offer airlines an incentive to operate aircraft with lower noise performance, and on the other hand, they can be used to finance noise-mitigation programmes. A measure is necessary when a similarly appropriate but less restrictive measure to resolve the noise problem is not available. According to Directive 2002/30/EC, measures or a combination of measures should not be "more restrictive than necessary in order to achieve the environmental objective established for a specific airport" (Article 4 (3)). The regulation of noise charges at German airports has accordingly to be examined with respect to its necessity. Article 4 (4) of Directive 2002/30/EC lays down that "performance-based operating restrictions" are to be based on the noise performance of aircraft as determined by the certification procedure conducted in accordance with Volume 1 of Annex 16 to the Convention on International Civil Aviation, Third Edition (July 1993). Here it is not made
55 Cf. on "balanced approach“: Assembly Resolution 33/7, in particular Annex B and C, at: www.icao.int/icao/en/env/a33-7.htm. 56 Cf. Recital 10 of Directive 2002/30/EG
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clear to what extent recourse has to be made in noise classification and the calculation of noise charges to noise certification according to the ICAO. The Directive does not further define "performance-based operating restrictions".
3.2.3 Regulation on market access In order to bring about the internal market in civil aviation, the European Union issued, in 1992, a regulation on access for Community air carriers to intra-Community air routes (regulation on market access)57. The regulation concerns, according to Article 1 (1), access to routes within the Community for scheduled and non-scheduled air services. The exercise of traffic rights, according to Article 8 (2), is subject to published Community, national, regional or local operational rules relating to the protection of the environment. At the request of a Member State, or on its own initiative, the Commission examines and decides within one month of receipt of a request, and after consulting a committee, whether the Member State may continue to apply the provisions on environmental protection (Article 8 (3). Since the regulation of noise charges by individual states in connection with problems of aircraft noise at airports serves the mitigation of environmental problems, this does not represent an unlawful restriction on the exercise of traffic rights.58 In contrast to measures in accordance with Article 9 of the regulation on market access, measures covered by Article 8 can have an unlimited period of validity. The regulation also allows Member States to impose conditions on, limit or refuse the exercise of traffic rights when serious congestion and/or environmental problems exist (Article 9 (1). According to Article 9 (2), action in accordance with Article 9 (1) should • be non-discriminatory on grounds of nationality or identity of air carriers, • have a limited period of validity, not exceeding three years, • not unduly affect the objectives of this Regulation, • not unduly distort competition between air carriers, • not be more restrictive than necessary in order to relieve problems.
Because of the limitation on the period of validity of action to three years, a noise- charge regulation that refers to Article 9 (1) of the regulation on market access should be avoided.
57 Regulation (EEC) 2408/92 of the Council of 23.07.1992 on access for Community air carriers to intra- Community air routes, Official Journal L 240 of 24.08.1992, p. 8. 58 Cf. On environmental issues in general: Niejahr, in: Frohnmeyer/Mückenhausen, EG-Verkehrsrecht, München 2001, marginal note 232.
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3.3 German legislation The relationship between airport operators and airport users in Germany is regulated by civil law.59 Regulations on airport use and airport charges are general terms of business. There are no legal norms in German legislation (in particular, the Air Traffic Act or the Air Traffic Licensing Regulations) laying down explicit criteria for the regulation of charges. This does not mean, however, that airports are completely free in the design of their charging systems. Restrictions arise in particular from legal practice, ICAO regulations and supervision on the part of the respective licensing and cartel authorities. The legal relationship between an airport operator and the licensing authority with respect to regulations on airport use and airport charges is governed by public law. According to § 43 (1) of the Air Traffic Licensing Regulations (LuftVZO), an airport operator has to submit regulations governing charges for the arrival, departure and parking of aircraft as well as for the use of passenger facilities to the competent authority for approval. The determination of airport charges can also be settled in a public contract between the airport operator and the competent licensing authority.60 According to decisions of the Federal Administrative Court (Bundesverwaltungsgericht – BVerwG) the authorization of regulations on charges is legally binding only on the respective airport.61 This means that the airport user cannot bring an action against authorization of the regulation on charges, since he is not empowered to do so. The airport user still has the possibility, however, to have the regulation on charges examined by the cartel office and civil courts. The licensing authority examines the level of charges on the grounds of public interest in accordance with § 43 Air Traffic Licensing Regulations and § 6 (2) and (3) of the Air Traffic Act. In addition, compliance with the following criteria is also examined: • Are transport policy aspects considered? • Do landing charges as a whole recover costs? • Can a reasonable return on capital employed be achieved? • Are landing charges not unreasonably high.62
59 Giemulla/Schmid, Luftverkehrsgesetz, § 6 LuftVG, marginal note 40. 60 Cf. The draft for a public contract concerning the determination and adjustment of regulated airport charges of 4.09.2002 between the State of Hesse and Fraport AG [operator of Frankfurt Airport]. 61 BVerwGE, printed in ZLW 1978, p. 49 ff. and DÖV 1978, p. 619. 62 Unpublished minutes of 11.07.1980 of a special session of the Working Group on Administration and Law of the Committee on Air Transport of the German Länder on 4.07.1980 in Düsseldorf (V/A 5-16- 00/02).
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3.3.1 Requirements under civil law The equitability of regulations on charges at German airports is subject to control by the civil courts in accordance with § 315 (3) BGB (Federal Civil Code). Legal practice has developed the following criteria for the control of equitability: a) Non-discrimination According to the principle of equality contained in Article 3 (1) GG (Basic Law - German Federal Constitution), the classification of airport charges must occur on the basis of objective criteria. In accordance with Article 3 (1) GG, matters that are fundamentally similar have to be treated equally and matters that are fundamentally dissimilar have to be treated differently, unless there is a material reason in the nature of the matter or other material reason for unequal treatment. Protection against noise and the enhanced need for protection at night were recognized in a decision of the District Court (Landgericht) in Berlin of 20.08.2000 as objectively justified reasons for the modulation of LTO charges.63 The Federal Court of Justice has up to now judged the impact on individual users on the basis of classification according to aircraft mass to be an objective reason for the modulation of charges. Relating the charge to the maximum mass of departing aircraft is also deemed to be in accordance with the polluter-pays principle.64 In connection with the use of mass at departure as a basis for the level of charges, the District Court in Berlin, in its decision of 20.08.2000, considered degressive charges for the use of LTO facilities to be objectively justified. The principle of equality is, however, not already infringed when a "more just" or "more purposeful" charging system is conceivable, or when an alternative system of charges better corresponds with the imperative of equal treatment.65 Within the framework of § 315 (3) BGB, which is an expression of the principle of equality under constitutional law, the airport operator therefore retains a further degree of latitude regarding the determination of conditions for a system of charges.66 The airport operator can therefore shift costs, imputed interest and depreciation onto charges, and thus maximize profits in the determination of charges.67
63 District Court (Landgericht) Berlin, decision of 25.08.2000, ref. no.: 96 O 197/99, in which the new system of charges at Berlin-Tegel and Tempelhof airports was examined. The new system of charges will also be applied at Berlin-Schönefeld airport. 64 Cf. BGH, judgement of 24.11.1977, ref. no.: III ZR 27/76, printed in WM 1978, p. 1097, 1099; LG Berlin, decision of 25.08.2000, ref. No.: 96 O 197/99. 65 Cf. BGH, judgement of 24.11.1977, ref. no.: III ZR 27/76, printed in WM 1978, p. 1097, 1099; LG Berlin, decision of 25.08.2000, ref. no.: 96 O 197/99. 66 Landgericht Berlin, decision of 25.08.2000, ref. no.: 96 O 197/99. 67 Giesberts, Umfang und Grenzen der Nutzerbeteiligung beim Zustandekommen flughafenrechtlicher Entgeltordnungen, ZLW 3/2001, p. 319, 323.
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b) Disproportionate increase in a component of charges In its decision of 25.08.2000, the District Court in Berlin judged the disproportionate increase in passenger charges and the simultaneous clear reduction in one or more fixed components of charges within the framework of the structural reform of airport charges to be permissible. In the opinion of the Court, the structural reform of airport charges may not be focused on one position or component that, compared with the previous system of charges, is disproportionately increased. What is important is that the new system of charges be balanced and non-discriminatory as a whole.68 A switch in the system of charges from fixed to variable charges is justified when the development of costs and the burden of costs are justly distributed.69 Such a system of costs does not violate § 315 (3) BGB. c) Consultation and transparency In its decision of 25.08.2000, the District Court in Berlin examined for the first time not only the material control of the system of charges in accordance with § 315 (3) BGB, but also the materialization of the system. According to the court, the monopolistic position of the airport operator resulted in an obligation to involve airport users in the drawing up and modification of the charging system. In practice, airport operators already conduct consultations with airport users. But there had not previously been a legal obligation to consult. The court deduced this obligation from § 315 (3) BGB. Airport users should be enabled to submit views.70 Where users are not involved in the introduction or modification of a system of charges, the regulation can be declared by a court to be invalid, even when the requirements of § 315 (3) BGB are otherwise fulfilled.71 An obligation to take views into consideration or to mutually agree materialization of the charging system is, however, not demanded. At the same time,
68 Landgericht Berlin, decision of 25.08.2000, ref. no.: 96 O 197/99. 69 Landgericht Berlin, decision of 25.08.2000, ref. no.: 96 O 197/99. Cf. Giesberts, Umfang und Grenzen der Nutzerbeteiligung beim Zustandekommen flughafenrechtlicher Entgeltordnungen, ZLW 3/2001, p. 319, 325. 70 Cf. in this connection, Article 7 of the Draft Directive on airport charges (Annex), which also requires a consultation procedure. Here, the views of airport users have also "to be taken into account" before a decision is taken by the supervisory authority. According to Article 7: "These views do not bind the authority responsible for taking a decision with regard to the airport charges." Whether airport operators have merely to take note of the views of airport users, or whether they have also to consider them (that is, whether they have to explain divergence from positions expressed in such views, is not clear from the formulation "take into account". 71 Giesberts, Umfang und Grenzen der Nutzerbeteiligung beim Zustandekommen flughafenrechtlicher Entgeltordnungen, ZLW 3/2001, p. 319, 323.
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by informing users about the charging system, transparency of charging systems is brought about.72
3.3.2 Cartel-related requirements Cartel-related requirements concerning the introduction of noise-related LTO charges in Germany can only be dealt with briefly in this report. Since the deletion, in the 5th Amending Act, of § 99 (2) (exemption in respect of the contracts of airport operators) of the Act against Restraints on Competition (GWB)73, agreements on the uniform design of charging systems are no longer permissible. According to § 19 (4) No. 1 GWB, discriminatory treatment of airport users in charging systems, which is not objectively justified, is deemed to be an abuse of the dominant market role of the airport operator.74
3.4 Legal criteria for noise charges and possibilities of implementation
3.4.1 Criteria Analysis at the level of international, European and national – German – law yields the following fundamental requirements for the design of noise-related LTO charging systems in Germany: • Noise charges should only be applied at airports where noise problems exist. There is, however, no legal specification concerning the definition of airport noise problems. • The introduction of noise-related LTO charges has to be appropriate and necessary ("balanced approach“). That means that noise-related LTO charges
72 Further information for airport users – services and facilities subject to charges as well as accounting data corresponding financial information – that is demanded in the consultative paper on "Airport charges" of the Federal Ministry of Transport is not laid down in the proposed Directive on airport charges. The District Court in Berlin, in its decision of 25.08.2000, ref. no.: 96 O 197/99, also denied the obligation to provide such detailed information (for instance, the economic basis of calculation does not have to be disclosed, the provision of the method of calculation being sufficient). 73 Gesetz gegen Wettbewerbsbeschränkungen (GWB) [Act against Restraints on Competition], as published in the revised version of 26. August 1998, which came into force on 1. January 1999, BGBl. I, p. 2546, last amended by Article 7 of the Gesetzes zur Umstellung von Gesetzen und Verordnungen im Zuständigkeitsbereich des Bundesministeriums für Wirtschaft und Technologie sowie des Bundesministeriums für Bildung und Forschung auf Euro (Neuntes Euro-Einführungsgesetz) [Act on the Conversion to Euro of Acts and Ordinances within the jurisdiction of the Federal Ministry of Economics and Labour and the Federal Ministry of Education and Research (Ninth Act on the Introduction of the Euro)] of 10. November 2001, which came into force on 1. January 2002, BGBl. I, p. 2995. 74 Giemulla, Schmid, Frankfurter Kommentar zum Luftverkehrsrecht, § 6 LuftVG, marginal note 40; District Court, Munich, decision of 16.07.1993, ref. no.: 21 O 22199/92.
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must be appropriate for resolving the noise problem at the particular airport. They are necessary when no other instrument is available that, though similarly appropriate, has a less adverse effect on the airport users concerned. • Noise charges must be non-discriminatory. This is the case when the levying of modulated noise charges for aircraft is based on objective criteria (for instance, the noise level of each arriving and departing aircraft. According to both ICAO recommendations and the proposed EU Directive COM (2002) 683, the relevant noise level is that determined in the noise certification of aircraft in accordance with Annex 16, Volume 1 of the Chicago Convention. • Noise charges must be transparent. This requires, in particular, that noise- related LTO charges be separately shown as components of the total charge for an aircraft, and that both the calculation and the calculation method be understood by the airport user. • Noise charges must be used to cover the costs of alleviation and prevention of noise problems (Principle of cost-recovery). The following services, measures and facilities may be considered: o Noise-monitoring systems, noise-suppressing equipment and noise barriers. o Land or property acquired around airports. o Soundproofing of buildings near airports and other noise alleviation measures arising from legal or governmental requirements. • Noise-related LTO charges should in each case have a neutral effect on revenue. • The maximum noise-related LTO charge for a given part of a 24-hour period is 40 times the minimum charge. Noise-related LTO charges may be subdivided within a 24-hour period into a maximum of three periods (for example, day, evening or night). • Noise-related charges should be determined on the basis of sound accounting principles and be associated with the landing charge; for instance, by means of surcharges or rebates. • Noise-related LTO charges should not be established at such levels as to be prohibitively high for the operation of certain aircraft. • To avoid undue disruption to users, increases in charges should be introduced on a gradual basis. Under certain circumstances, a departure from this approach may be necessary. • Airport users should be consulted before introduction of a charging system at an airport (principle of consultation).
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3.4.2 Possibilities of implementation Noise charges (noise-related LTO charges and specific noise charges) can be introduced in a number of ways: • Informal agreement between the airport operator and the licensing authority within the framework of the authorization of airport charging systems in accordance with § 43 (1) of the Air Traffic Licensing Regulations. • A public contract between the licensing authority and the airport operator in connection with the authorization of airport charging systems in accordance with § 43 (1) of the Air Traffic Licensing Regulations.75 • Determination of material demands on noise charges in § 43 of the Air Traffic Licensing Regulations on the basis of the list of authorisations in § 32 of the Air Traffic Act. • Determination of demands on noise charges in the Air Traffic Act. The determination of material demands on noise charges in § 32 of the Air Traffic Act and in § 43 of the Air Traffic Licensing Regulations offers the particular advantage, compared with informal or contractual solutions, of uniform legal practice and greater binding force for the participating parties. It should to be borne in mind, however, that a charging system, in which specific charges and LTO charges are separately collected, demonstrates greater transparency than one in which specific charges are incorporated into LTO charges (Fichert 1999).
75 Cf. the draft for a public contract on the determination and adjustment of regulated airport charges of 4.09.2002 between the State of Hesse and Fraport AG.
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4 Status quo analysis of noise-related LTO charging systems The aim of status quo analysis is the systematic and comprehensive investigation of noise-related LTO charging systems in place at German and European airports at the end of 2002 with regard to • their structure (basis for assessment, level and spread of charges, time-related modulation of charges etc.) and • monetary incentives for the operation of low-noise aircraft. Status quo analysis is supplemented by an assessment of the economic implications of noise-related LTO charges for airlines and airport operators. Status quo analysis is thus the basis for • the choice of noise-related LTO charging systems for detailed effect analysis in Chapter 5 and • the development of a LTO charging system that is optimized from a noise management viewpoint (see Chapter 7).
In Section 4.1, an analysis is made of noise-related LTO charging systems currently in force at German and European airports. In Section 4.1.1 the methodical concept of status quo analysis is explained. The presentation and analysis of noise-related LTO charging systems at German airports is the subject of Section 4.1.2, while in Section 4.1.3 noise-related LTO charging systems at European airports are examined. In Section 4.2 the economic implications of charging systems for airlines and airport operators are set out, while in Section 4.3 an interim conclusion is drawn from status quo analysis.
4.1 Noise-related charges at German and European airports
4.1.1 Methodical concept At the present time, noise charges are paid by airlines to airport operators or state authorities76 at around 100 airports worldwide, partly as a noise-related additional component of LTO charges, partly as specific noise charges.77 The latter are generally levied for measures of noise alleviation or prevention, including, in particular, noise mitigation programmes (financing function). Noise-related LTO charges, on the other hand, have the aim of imposing such a burden on loud aircraft that a financial incentive is created for the operation of low-noise aircraft (control effect).
76 An overall view is to be found at www.boeing.com/commercial/noise/flash.html. 77 Specific noise charges can be levied for each arrival and departure as well as per passenger. Mixed variants are also found in practice (for example, at Frankfurt Airport).
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Status quo analysis focuses on noise-related LTO charges as an instrument of control. In terms of their control effect, specific noise charges are irrelevant in Germany. Within the framework of status quo analysis they are only dealt with in an excursus on the example of Frankfurt Airport. In other European countries – Amsterdam, for example – greater use is made of specific noise charges for noise-related control than in Germany; and as a consequence they are included in status quo analysis. While at Frankfurt, Hamburg, Munich and Stuttgart airports, as well as at most foreign airports, the noise component of LTO charges is shown separately from MTOM-related basic charges, at other German airports a noise surcharge cannot be easily isolated. At these airports, LTO charges are directly dependent on the ICAO noise classification of the operated aircraft. The noise surcharge could only be identified if the fee for an aircraft of the lowest noise category with corresponding MTOM was deducted from the LTO fee of an aircraft (de Wit/Cohen 1999; Morerell/Lu 1999). This line of proceeding was not pursued within the framework of the analysis under consideration; instead, total LTO charges including noise components were looked at. Considering LTO charges as a whole also has the advantage that by overlaying the noise surcharge with the MTOM-related basic component of the LTO fee it becomes clear whether there is any incentive for the operation of low-noise aircraft. Quieter alternative aircraft differ from aircraft to be replaced not only in noise emission, but also mostly in MTOM. The overlaying of both effects can thwart the noise-related preferential treatment of aircraft. To determine these effects, apart from analysis of the design of charging systems, for each airport the savings or additional costs were investigated that would arise in the case of LTO charges and specific noise charges through the use of a quieter or louder aircraft compared with a typical reference aircraft.78 Depending on the type of air service, the following internationally-operated, but generally older aircraft types were selected as reference aircraft: • Boeing 737-300 in national and continental scheduled passenger services, • Boeing 747-200 in inter-continental scheduled passenger services, • Boeing 737-800 in continental holiday/charter services, • Boeing 727 (Hushkit) in continental cargo services, • Boeing 747-200 F in intercontinental cargo services.
78 This comparison related exclusively to LTO charges. Through aircraft substitution, further cost components (for example, costs of maintenance, personnel and fuel) are also modified, and this should be considered in a detailed analysis of the impact of noise-related LTO charges. It should also be borne in mind that many factors (for example, total turnaround costs, traffic-related importance of an airport, an airline's fleet of aircraft) can influence whether, from a commercial viewpoint, airlines can be encouraged to act in the way intended by savings or additional costs (for instance, through the operation of less-noisy aircraft or the rescheduling of flight movements). As a result, the comparison of savings or additional costs merely provides orientation in respect of the incentive effect of noise- related LTO charges.
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Depending on the type of air service, quieter, more modern aircraft (with the exception of holiday/charter services79) were generally compared with reference aircraft (see Table 1). All investigated aircraft fulfil Chapter 3 noise classification of Annex 16 to the Convention on International Civil Aviation.80
Table 1 Reference and alternative aircraft of status quo analysis
Air services Reference MTOM1); seats/ Alternative MTOM1); seats/ aircraft cargo volume2) aircraft cargo volume2) Scheduled passage – B 737-300 62.8 t; 128 seats - A 319: 68.0 t; 124 seats national - A 320-200: 73.5 t; 150 seats Scheduled passage – B 737-300 62.8 t; 128 seats - A 320-200: 73.5 t; 150 seats continental - A321: 89.0 t; 185 seats Scheduled passage – B 747-200 377.8 t; 389 seats - B 747-400: 394.6 t; 390 seats inter-continental - MD 11: 286.0 t; 292 seats Holiday/charter B 737-800 78.2 t; 189 seats - A 320-200: 75.5 t; 179 seats services – - B 757-300: 123.6 t; 280 seats continental Cargo services – B 727 –200 88.9 t; 23 t cargo - B 737-300QC: 62.8 t; 15 t cargo continental (Hushkit) - B757SF0: 99.7 t; 29 t cargo Cargo services – B 747-200F 371.9 t; 100 t cargo - B 747-400F: 396.9 t; 100 t cargo inter-continental - MD 11: 286.0 t; 93 t cargo 1) Typical reference values of aircraft manufacturers; depending on the specific configuration of aircraft (e.g. engine type), MTOM can differ considerably from the values shown in the table. – 2) Typical reference values of aircraft manufacturers and airlines; depending on the airline company, real values can differ from the values shown (e.g. on account of closer seating) Source: Websites of aircraft manufacturer.
The alternative aircraft types considered and the parameters required for calculation (MTOM, number of seats or potential cargo capacity) are shown in Table 1. The parameters in the table are typical for aircraft operated in Europe. Depending on aircraft configuration, MTOM and the number of seats can differ from the figures shown, due, for example, to different engine specifications and seating arrangements. Savings or additional costs arising from a change in the choice of aircraft were calculated for a turnaround on the basis of charging systems valid at the end of 2002.81
79 German tour operators make almost exclusive use of modern and less-noisy aircraft (Lufthansa 2002b; Hapag-Lloyd 2001; LTU 2000). For this reason – in contrast to other air services – older and thus louder reference aircraft (e.g. MD 87) were not selected. 80 Due to the ban on Chapter 2 Aircraft in the EU from 1.4.2002, corresponding aircraft were not considered in the calculation of charges. 81 The analysis was therefore based on charging systems in force at 31.12.2002 (DFS 2003). Later changes could not be considered due to the scheduling of work on this report.
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For all airports it was assumed that all aircraft types listed in Table 1 can land and take- off – irrespective of the length of runways and resultant restrictions on the size of aircraft. The comparison of savings and additional costs for German airports arising from the substitution of aircraft in inter-continental transportation is therefore largely a theoretical matter82 that, however, is intended to show the effects of LTO charging systems on heavy aircraft types. Two case were distinguished in the analysis: • Case 1: Landing and take-off occur at daytime (corresponding to the definition of daytime at the respective airports), • Case 2: Landing and take-off occur at night (once again corresponding to the definition of night at the respective airports).
Case 2 was calculated for all airports irrespective of existing night-flight restrictions (cf. Öko-Institut 2003). The ascertained savings or additional costs for both cases were shown • in absolute terms (in euros) and • also in specific terms (in euros per passenger or per tonne of transported cargo). Data in euros per passenger or per tonne of cargo allows for the fact that potential alternative aircraft have not only varied take-off mass, but also different seating arrangements and cargo capacity. Assumed average aircraft load, depending on type of service and the share of transfer passengers, is displayed in Table 2. These figures are based on information provided by Lufthansa (Lufthansa 2002a) and the Federal Statistical Office (StaBu 2002).
82 Restrictions arise at certain airports for aircraft with a take-off mass (MTOM) above a maximum level, due to the length of runways (see for example, Mörz 2001). For calculations it was assumed, irrespective of such restrictions, that heavy aircraft (e.g. Boeing 747) can also land and take-off at these airports.
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Table 2 Average aircraft load and share of transfer passengers, depending on air service
Share of transfer Average load passengers
Scheduled passenger services – national 65 % 10 % Scheduled passenger services – continental 65 % 10 % Scheduled passenger services – inter- continental 80 % 20 % Holiday/Charter services – continental 80 % 0 % Cargo services – continental 80 % - Cargo services – inter-continental 80 % -
Source: Lufthansa 2002; StaBu 2002; Doganis et al 1998; own estimates.
For reference aircraft, supplementing the presentation of savings and additional costs, LTO charges and passenger charges83 (passenger services only) are shown in absolute terms. On the one hand, savings and additional costs can be set in relation to the level of total LTO charges for every airport; on the other hand, the difference in charges between day and night movements (Cases 1 and 2) can be identified for a particular aircraft type. Furthermore, the relation between LTO charges on the one side and passenger charges on the other can be shown. It has to be emphasized at this point that simple comparison of the level of individual charges at airports serves only a limited purpose, since • LTO charges represent only one of several charging system components, and airports spread their costs over individual charges according to their respective charging policy. For example, Frankfurt Airport has lower LTO charges but higher passenger charges than other German airports (cf. Doganis et al. 1998; de Wit/Cohn 1999; Stockman 2001); • airlines base their commercial decisions not on the level of isolated charges, but on total turnaround costs (including the total of all charges) (TÜV/DIW/WI 2001; de Neufville/Odoni 2003); and • depending on the airport, LTO charges include or exclude different services84 (parking of aircraft, lighting of runways etc.) (Cf. for example ACI 2002).
It has further to be considered that due to different operating conditions at airports (for example, hub function, home airport of airlines, political conditions) comparisons of
83 Again based on available seating, load level and share of transit passengers as displayed in Table 1 and Table 2. 84 For example, airports in Paris levy a separate lighting charge, so this item is no longer included in take-off and landing charges (ACI 2002).
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airports, carried out within the scope of status quo analysis, allow merely an initial orientating assessment of the effectiveness of noise-related charges; and this applies in particular to the comparison of LTO charging systems at German airports. For an in- depth investigation, the effects of charging systems on aircraft fleet mix and noise problem would have to be analysed at an airport over a prolonged period of time. Only in this way could it be conclusively determined whether noise-related LTO charging systems also achieve their intended effect of noise reduction (for example, through the use of quieter aircraft or through changes in the timing or place of flight movements). The results of status quo analysis are presented below, differentiating national airports (Section 4.1.2) and foreign airports (Section 4.1.3). As far as Germany is concerned, all 17 international airports, together with the regional airports at Dortmund and Hahn, have been analysed. Outside Germany, status quo analysis concentrated on major European airports with noise-related LTO charges. In the case of these airports, specific noise charges – where applicable – differentiated according to aircraft type were also examined. At major international airports outside Europe, on the other hand, noise-related LTO charging systems are irrelevant.85 Table 3 surveys the airports that were the subject of status quo analysis.
Table 3 Survey of airports with noise-related LTO charging systems that were the subject of status quo analysis
Airports in Germany European Airports
International airports: Amsterdam Brussels Berlin Tegel, Tempelhof and Schönefeld London Gatwick Bremen London Heathrow Düsseldorf London Stansted Dresden Mailand-Malpensa Frankfurt Paris Charles de Gaulle Leipzig/Halle Paris Orly Munich Stockholm Arlanda Hamburg Zurich Hanover Cologne/Bonn Münster/Osnabrück Nuremberg Stuttgart Regional airports: Dortmund Hahn Source: Boeing 2003; DFS 2003; Öko-Institut 2003; ICAO 2002; Morell/Lu 1999; de Wit/Cohn 1999; Doganis et al. 1998; own presentation.
85 Cf. www.boeing.com/commercial/noise/flash.html or ICAO (2002). For example, none of the large American airports levy noise-related LTO charges.
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4.1.2 Airports in Germany
4.1.2.1 Structure of investigated LTO charging systems In the main, LTO charging systems in Germany are structured in two ways (see Table 4): • Mass-related fee (in euros/t) x MTOM, • Noise-related fee (in euros) + mass-related fee (in euros/t) x MTOM.
The object of assessment is • landing only (take-off is settled with landing) at Berlin, Dresden, Düsseldorf, Erfurt, Leipzig/Halle, Munich, Münster/Osnabrück, Nuremberg, Stuttgart and Dortmund; • landing, with the increased night fee being payable when take-off occurs at night, at Bremen, Hanover, Cologne/Bonn and Saarbrücken; and • landing and take-off at Frankfurt, Hamburg and Hahn.
The polluter-pays principle is therefore applied most consistently at Frankfurt, Hamburg and Hahn. All investigated airports in Germany vary the level of LTO charges depending on the noise certification of aircraft, and they therefore apply noise-related LTO charging systems. The systems differ, however, with regard to the classification of aircraft in noise categories and the transparent presentation of noise components. As a rule, the classification of aircraft in noise categories is based on the so-called "bonus list" of the Federal Ministry of Transport and ICAO noise classification (Chapter 2 and 3, without noise certification) (see Table 4). Only Frankfurt, Hamburg, Munich and Stuttgart make use of their own noise categories. The allocation of aircraft to specific groups occurs on the basis of noise measurements at airports and therefore better reflects real noise nuisance at the respective airports. Analyses also show, however, that of these four airports Hamburg has most consistently gone the way of differentiation of aircraft types in noise categories. It has to be stated, however, that with all four cities charges in low noise categories vary only insignificantly, which is why only a negligible incentive for the operation of low-noise aircraft can be assumed. Charging systems at these four airports also have the aim of levying heavy charges particularly on loud aircraft, and especially at night. With regard to the transparency of LTO charging systems as well as the clear identification of noise components, Frankfurt, Hamburg and Stuttgart airports have distinct advantages. Whereas other airports vary the MTOM-related share of LTO charges according to noise categories and – as mentioned in Section 4.1.1 – do not separately show the noise-related share, Frankfurt, Hamburg and Stuttgart do
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distinguish a separate noise component, which is payable as a fixed amount depending on the noise category of the aircraft and daytime or night movement, and a purely mass-related share, which is levied per tonne MTOM and is not dependent on other variables.86 Apart from consideration of the noise emission of aircraft, most airports impose higher LTO charges at night – at least for loud aircraft – than during the day. Hamburg, for example, has greatly increased the cost of all flight movements between 23.00 and 06.00 hours with a 200% surcharge on the daytime fee, and consistently pursues the aim of making every night flight economically unattractive. This way, instead of a ban on night flights, noise-related LTO charging systems are applied to reduce noise nuisance at night. Apart from Hamburg Frankfurt, Berlin, Bremen, Cologne/Bonn, Munich and Hahn tend towards greater differentiation of LTO charges depending on the time of day (and not only for Chapter 2 aircraft that are nowadays irrelevant). On the other hand, many airports have foregone greater differentiation of charges since, with few exceptions, no – or only "bonus list" – aircraft may land at night. The exceptions are Dresden and Leipzig/Halle airports, where not only Chapter 3 but also "bonus list" aircraft may land; both airports have refrained from differentiating daytime and night flights for Chapter 3 aircraft (Öko-Institut 2003). In the following table, the main structural elements of and differences in noise-related LTO charging systems at investigated German airports are summarized once more.
86 In Hamburg the weight-related component of charges increases at night.
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Table 4 Summary of the structure of noise-related LTO charging systems applied at German airports in 20021)
Calculation formula and LTO fee components according to ICAO noise New noise exemplary airports Day/Night MTOM2) categories categories fee x MTOM